Georgia and the Supreme Court by Henry Kramer
As of November 11, 2020, Republicans had secured fifty (50) seats in the U.S. Senate with two outstanding senatorial elections still to be decided, both in Georgia. These appear to be going to a runoff election on January 5, 2020 and will determine who controls the Senate. These have major implications for 2nd Amendment rights, assuming that recounts and final counts in Georgia and Pennsylvania do not result in President Trump eking out a victory over Biden.
The United States Supreme Court could hang in the balance. Democrats have threatened to pack the court by adding liberal justices who would be likely to favor expanded gun control and perhaps even the confiscation of weapons, gutting the 2nd Amendment. The threat to the Court may be somewhat abated this week as Senator Manchin (D-WV) announced he would not support court packing. (However, this may only be a political ploy to ease Georgians’ mind about this issue.) But if true, there would be at least 51 votes against court packing (at least 50 Republican senators plus Manchin). Manchin also said he would not support eliminating the sixty-vote filibuster rule (that would protect a Republican minority in the Senate from being run roughshod over if there was a Democrat majority). Again, is it a ploy? And there is no guarantee that Manchin would not cave under Democrat Leader Schumer’s pressure. The 2nd Amendment is not out of danger.
The next Supreme Court appointment may occur during Biden’s administration. The most likely Justice to retire or leave the Court is Justice Breyer. His departure would not change the balance of power but could lead to a farther-left nominee for the Court. A Republican Majority Senate could stop a far- left nominee while a Democrat Majority Senate is likely to approve one.
Justice Thomas, if he was going to retire voluntarily from the Court would likely have done so already to ensure that his successor was a Trump nominee.
Early voting for the runoff election is schedule in Georgia for December 14 to December 31, though counties have the option to schedule more days for early balloting. Absentee ballots will go out automatically to seniors, the elderly, military, and overseas voters who had them in the November general election. There is no indication that Georgia will use mail in ballots (other than absentee ballots) for the runoff.
In prior senatorial runoff elections, Republicans have increased their margins and won the runoffs but in this year’s voting climate it is hard to predict turnout for a runoff (it is usually lower). The Georgia legislature, which is under Republican control, could change the rules (the governor is also a Republican) and it might be wise to eliminate early voting, though the Supreme Court generally frowns on rule changes while an election is in process.
There are strong reasons for supporters of the 2nd Amendment to be concerned that a Biden administration will attempt to gut 2A through legislation if they control House, Senate, and White House or - if power is divided - through the courts or by Executive Order. We urge all 2nd Amendment supporters to contribute to and support pro 2nd Amendment candidates for the U.S. Senate in Georgia in this crucial election on January 5.
