Opinion
Lower courts have grown increasingly disdainful of following u.S. Supreme Court rulings and reasoning. A look at the recent Illinois case, Harrel Vs. Raoul.
It is high time the U.S. Supreme Court asserted its Article III authority against forces that dare to crush the common man’s liberty and freedom.
The Court must be more forceful in using the tools at its disposal to save the Republic.
Two weeks after the U.S. Supreme Court handed down its decision in Bruen, New York’s Governor Kathy Hochul defied the Court. She signed into law New York’s “Concealed Carry Improvement Act” (“CCIA”).
The Second Circuit sided with her rather than with the U.S. Supreme Court.
Challenges came swiftly. Hopefully, at least one of those cases, likely Antonyuk vs. Chiumento, is headed for the High Court.
Other Anti-Second Amendment Democrat-controlled State Governments followed New York’s lead.
Hawaii is one of them. Hawai‘i versus Wilson defiantly flouted the High Court’s holding that the right of the people to keep and bear arms applies in the public domain, no less than in the home. Read our article: State Supreme Court Of Hawaii Middle-Fingers U.S. Supreme Court’s 2A Rulings: “Aloha Oe.”
The Plaintiff Appellant, Wilson, will hopefully appeal the adverse ruling to the High Court.
In a third case, Harrel vs. Raoul, coming out of Illinois, Plaintiff Petitioners, the Second Amendment Foundation (SAF), FFL licensees, and others have challenged the constitutionality of the “Protect Illinois Communities Act” (“PICA”).
Illinois Governor J.B. Pritzker signed PICA into law on January 10, 2023, six months after Bruen.
The law is codified at 720 ILCS 5/24-1.9.
The Statute makes illegal civilian possession of the most popular semiautomatic rifles:
- “All AK Types”
- “All AR Types”
- “All Thompson Rifles”
The Statute also bans the possession of many semiautomatic pistols, specific shotguns, .50 caliber cartridges, and .50 caliber rifles.
Law enforcement personnel are exempted from this Statute.
The U.S. Court of Appeals for the Seventh Circuit has vacated the judgment of a lower U.S. District Court enjoining enforcement of the ban on “assault weapons” and on .50 caliber rifles and ammunition. Injunctions are not considered final appealable orders, and the U.S. Supreme Court usually, almost invariably, avoids taking them up.
But a review of the case points to a peculiar set of circumstances that bear an uncanny resemblance to New York’s Antonyuk case.
Recall that Plaintiffs in Antonyuk had also filed a motion for a preliminary injunction.
Plaintiffs filed a motion to enjoin the Hochul Government from enforcing the “CCIA.” The U.S. District Court for the Northern District of New York granted the motion, finding, inter alia, that the Plaintiffs would likely succeed on the merits.
The New York Government appealed the decision to the U.S. Court of Appeals for the Second Circuit. The Second Circuit vacated the District Court’s Order, whereupon Plaintiffs appealed the adverse decision (an interlocutory, not a final, order) directly to the High Court.
The U.S. Supreme Court did not deny the appeal out of hand but requested a response from the State. The AG, Letitia James, filed the State’s response, and Justice Alito allowed the Second Circuit’s Order to stand but warned the Government not to dawdle.
Nonetheless, the Court did take its own good time, ultimately ruling in favor of the State.
Other States, vehemently, virulently opposed to the civilian armed defense, have taken their cue from New York.
To understand the rationale for Petitioners’ filing of their appeal of an interlocutory order directly to the U.S. Supreme Court, in the Illinois case, one might look to an earlier Illinois case, Bevis v. City of Naperville, 85 F.4th 1175 (7th Cir. 2023).
Several of the Plaintiffs in the instant Harrel case were also Plaintiffs in the earlier case.
The Seventh Circuit case is itself, a consolidation of three cases, two handled by the U.S. District Court for the Northern District of Illinois, and the third—the parent of the Harrel case—handled by the U.S. District Court for the Southern District of Illinois.
Plaintiffs in all three cases filed motions for preliminary injunctions, either challenging portions of the Illinois PICA or, in one case, attacking the whole of it.
Northern District Court
The first two cases, handled by the Northern District Court, involved a challenge to the registration requirement. The Plaintiffs objected to the imposition of a registration scheme for “assault weapons” and .50 caliber rifles. The Northern District Court decided that the Plaintiffs were not likely to succeed on the merits and denied their motion for preliminary injunction.
Southern District Court
In the Southern District Court case, the Plaintiffs launched a facial challenge of the entire “sprawling piece of legislation made up of 99 sections that cover a vast array of regulatory and record-keeping matters, along with the provisions of interest here [the “assault weapon” ban and the registration requirement].”
The Seventh Circuit noted that the Southern District Court—contending with a “facial” challenge to the entire Act—had started its analysis from a perspective of “irreparable harm” to the Plaintiffs, and, having found irreparable harm, enjoined the entire Act.
The Illinois Government, appalled, intended to find relief through the Seventh Circuit, just as the New York Government intended to find relief through the Second Circuit. Neither State was disappointed.
Seventh Circuit
The Seventh Circuit vacated the injunction in the 2023 Bevis case, just as the Second Circuit did in Antonyuk.
The Seventh Circuit looked for support and precedent to its earlier case, Friedman vs. City of Highland Park, 784 F.3d 406 (7th Cir. 2015).
Referring to that earlier Friedman case to support its decision in Bevis, vacating the Southern District Court’s granting of Plaintiffs’ preliminary injunction, the Seventh Circuit said that its decision foreshadowed Bruen and is consistent with Bruen.
The Seventh Circuit said, in Bevis, that “we see Friedman as basically compatible with Bruen, insofar as Friedman anticipated the need to rest the analysis on history, not on a free-form balancing test.”
The Seventh Circuit is wrong. The opinion in Friedman is not consistent with Bruen.
In Friedman, the Seventh Circuit made a pretense of looking at historical tradition. It asked,
Why should regulations enacted 130 years after the Second Amendment’s adoption (and nearly 60 years after the Fourteenth’s) have more validity than those enacted another 90 years later? Nothing in Heller suggests that a constitutional challenge to bans on private possession of machine guns brought during the 1930s, soon after their enactment, should have succeeded—that the passage of time creates an easement across the Second Amendment.
The Plaintiff Petitioners, not surprisingly, disagreed. They requested U.S. Supreme Court review of the decision.
The High Court should have taken up Friedman when the case came before the Court in 2015, but the Court couldn’t garner four votes necessary to review it.
Scalia and Thomas were livid. Thomas drafted a strenuous dissent and Scalia joined him.
Taking the Seventh Circuit to task, Thomas wrote,
“Based on its crabbed reading of Heller, the Seventh Circuit felt free to adopt a test for assessing firearm bans that eviscerates many of the protections recognized in Heller and McDonald. The court asked in the first instance whether the banned firearms ‘were common at the time of ratification’ in 1791. But we said in Heller that ‘the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.’ [citations omitted]”
One would think the Seventh Circuit would heed the message—that it would have affirmed the District Court’s granting of the injunction, shredding Pritzker’s PICA as patently unconstitutional—especially in light of Bruen. It didn’t do that.
And the Second Circuit should have tossed the entirety of New York’s CCIA in the trash bin. That didn’t happen either.
In Bruen, Justice Thomas, writing for the Majority, reiterated the point he made in his dissent in Friedman:
“Drawing from this historical tradition, we explained there that the Second Amendment protects only the carrying of weapons that are those ‘in common use at the time,’ as opposed to those that ‘are highly unusual in society at large.’ Ibid. . . . Whatever the likelihood that handguns were considered ‘dangerous and unusual’ during the colonial period, they are indisputably in ‘common use’ for self-defense today.”
And is that not true of semiautomatic weapons, i.e., the AR Type and AK Type semiautomatic weapons that Pritzker’s Government officiously, illegally banned through enacting PICA?
The Petitioners realized there was no point going back to the Seventh Circuit simply to be rebuffed again and again. It would be a futile waste of time and money.
The lower District Courts in that Circuit have suffered intimidation and now feel compelled to seek guidance from Seventh Circuit cases wrongly decided and wrongly reasoned, e.g., Bevis and Friedman, rather than to the U.S. Supreme Court rulings and reasoning, as they should have.
This is a very strange and distressing situation.
So, then, what happens now?
It will be interesting to see how the U.S. Supreme Court handles Harrel and the other post-Bruen cases slowly wending their way to the Court from other jurisdictions.
It is bad enough when legislatures and a government’s executive offices demonstrate disdain for the High Court. It is, however, beyond the extreme when lower Courts would exhibit the same disdain.
How will the Robert’s Court react? Circumspectly, in a measured tone, or with a few sharp slaps on the backside of recalcitrant Federal Circuit Courts of Appeal, as it should.
The time for tact, gentility, and conviviality is over. There’s too much at stake now—not least of all, for the credibility, sanctity, and purposefulness of the Judiciary.
About The Arbalest Quarrel:
Arbalest Group created `The Arbalest Quarrel’ website for a special purpose. That purpose is to educate the American public about recent Federal and State firearms control legislation. No other website, to our knowledge, provides as deep an analysis or as thorough an analysis. Arbalest Group offers this information free.
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This is how we end up a nation without rule of law. Individual criminals are nothing, but when government ignores the laws it cannot possibly be a legitimate government.
you are getting close to what was said in the declaration of independence , and that is why the next attempted raid by the illegitimate “leos” will turn into a BIGGER THAN WACO shitshow
Police officers in states that violate the constitution and that enforce those violations ARE THE NAZIS and they should be viewed as such.
If you want to be view as a “good guy”, QUIT! Today! Remove and burn your nazi uniform. Ply your profession in a free state or do something else. If you are enforcing constitutional infringements just so you can obtain a paycheck or a pension YOU ARE THE BAD GUY…….you’re despicable!
……….and on “our side”…..DO NOT COMPLY……DON’T BE A PU$$Y and in nazi states, DON’T BACK THE BLUE!!!!!!!
Like O’biden says, he will bring on the tactical nukes, F15s and drones and if you think that you can do anything to them with an AR15 you have to be a MAGA supporting insurrectionist.
Sounds bigger than Ruby Ridge and Waco to me!
They say “insurrection” as though it is a bad thing. Fortunately, our Founds viewed insurrection as a duty against tyranny rather than as a sin.
They use the word so they can change the governments action from a civil type action to a military action. They know what an insurrection is and they are playing their word games as usual as a way of controlling and using their power. If every person were armed with an AR15 that gathered peacefully at the capital to voice their opinion and disapproval of the stolen election as President Trump suggested, they could not have stopped a real insurrection with what they had. In addition, they were so afraid that they shot a defenseless, unarmed woman showing what pussy’s… Read more »
By exempting cops or anyone else, the entire law is repugnant to the Constitution and without legal force. No separate rules for the kings men. Every law must apply equally to all, or to NONE. All these bans, licenses, restrictions and limitations are by nature infringements, wholly inconsistent with the BOR and in direct violation of the 2nd amendment and Constitution. NFA, GCA, Hughes amendment are all illegal infringements we will NOT abide, and will toss on the garbage heap of history. Along with any who would try to enforce them.
Trump talks about allowing for more laws to protect law enforcement so they can do their job. That is one of the things that concerns me but the question is to who’s interpretation or extent? I know how Unions work and democrat ran agencies. They have rules and will apply them to who they want and don’t like while making excuses for the ones they like and giving them a slap on the wrist. The one they don’t like gets fired the one they like gets a demotion or their wage is decreased for a year or they get transferred… Read more »
Like mamy here, I was a cop; but I spent time before and during my career in various levels of the private security industry. From a night watchman with a flashlight, to executive protection details both with my department and in the private sector here in te US, to a US DoS contract in Iraq. My point, I never understood, or agreed with, the government’s insistence on governing me in my employment through licensing. My job is between me and my employer; and unless I have broken a law, government needs to stay out of the way and let me… Read more »
I can totally agree with that but what they have is a way to regulate so they can make money and that is what our government is all about. Making money and redistribution.
Unfortunately, for those who work, you will never see a dime but will contribute plenty and for those that reap the benefits of tax deductions, they get the benefit without paying the price. They call us working class for a reason. Only the upper crust and the poor reap the benefits while the rest pay the bill for both.
I have been complaining about governesses like Newsome and Hochul ignoring the new ruling and that lower courts are doing the same. The question is, how do we get the government to enforce the rulings and not let lower courts and states get away with it other than jailing the governor that imitates it or lets it happen. Just like sanctuary states. That is allowed by the governess, how and why is the government letting the states ignore the law. How is the government going to stop terrorists like O’biden from letting our country be invaded or calling for the… Read more »
arrest the police that try to enforce nonlaws..title 18 242..it violates constitution not a law. when a few hundred cop(criminals on parol) spend ten years or more in Guantanamo, they will start to take their oath seriously
Remember the 77.
Tar, feathers, citizens arrests, physical removal from office, equal application of law to “legislators” and “judges”.
Tar and feathers? I am sick of half measures; bring back hemp and Madame La Guillotine.
You forgot pikes for the oppressors’ heads. To each their own.. tar, feathers, pikes, hemp, guillotines, bang bang squads……
One way is to take control of the Federal money laundering operation. That will require physical occupation of Washington D.C.
HLB
The coming hyperinflation of the USD will destroy the USD as well as all money laundering!
When the ones who are in a position of trust show that they cannot be trusted, they will be got rid of, one way or another. And none of those ways are ever pretty.
That’s Empress Hochul, supreme ruler of the Empire State.
@Oldvet,the two suspects in custody are minors so that limits what gets released. They are likely people of color so that limits it even more. Unless someone posts it independently we are unlikely to see any video of the shooting. The shooting is (reportedly) believed to be the result of a dispute between these two and some specialist trained in getting kids to talk is being employed. I can well imagine foolish kids holding Glock type handguns over their heads and sideways and mag dumping in the general direction of the other party with the expected results. One of the… Read more »
I just heard over the radio that the two juveniles are being charged with gun related crimes and resisting arrest. No mention how many, what crimes or anything about being charged as adults. It was just a comment before an ad break. I did not mention earlier about the deceased being reported as a well liked DJ and the two citizens who tackled one fleeing suspect because I thought that was already well covered by national news.. As for the surgery, so far it’s OK. Everything looks frosty, over-bright and out of focus. I paid up for an “accommodating” lens… Read more »
greatest generation…dad was at wheeler field on way home from flying tigers stint, they were repainting the planes to Massachusetts guard colors only three planes got airborne ,
At least one of the perps who was video’d handcuffed and being put in the back of a police wagon had brown-skinned hands. I say that not to besmirch all blacks; I say that to confirm that at least one perp was black, and therefore, given the current woke media treatment of race, you are not likely to hear anything about the race of the perps, because in the current idiocy, that would be considered “racist” rather than “informative.”. That would NOT be the case if the perps were white.
it was likely gang related ,just wait for the latin gangs and the blacks having turf wars like they did in miami after jimmy the smiling idiot let in the crazies
As Gomer said …SURPRISE…SURPRISE…SURPRISE….FOX News video showed police with a dark brown/black faced male kid in handcuffs, comments about gang related feud.
they dont use gang violence any more, to racist …would tribal be better it is more accurate
the kick is no mater what the truth ,it is better to tell the truth, lies will bite you in the ass every time, the idiots (and yes I am using the term to designate low IQ) double down when they are caught in a lie and put a whopper on top
dont forget south america too, shining path farac , I have seen tattoos on the streets that are from all the gangs down south things are going to get BAD
We are not voting our way out of this.
I don’ think they will be able to do enough cheating to overcome all the people that will vote for Trump. I think that because they are doing everything from keeping him off the ballot to making it where he is a felon and if we did vote for him he could not become president. They are scared shitless for a reason and that is why I believe we do stand a chance with our vote. They still haven’t killed the Electoral College. They are afraid of that too.
Lets hope I a right.
I am with you on that, they cheated when odummer was elected an slimball dont think they can ge away with it one more time , they have done so many nasty things to trump they have reason to be afraid, last time they bamboozled him this time he will listen to the conservatives, could be BIG changes at doj and fbi no more atf
one word to the headline question.. yes
you can keep kicking a dog for awhile, but hell will have to be paid eventually. I’m afraid I hear the rumblings of a growl coming.
To take your dog analogy one step further, all dog packs have an “alpha dog.” If you don’t take steps that convince your dog that you’re the “alpha”, your dog will take steps to fill in the gap and become the alpha. The lower courts don’t sense that SCOTUS is in charge. I lay the responsibility for that directly at the feet of the current SCOTUS members and particularly at the feet of their supposed leader, Chief Justice Roberts. Until or unless Roberts makes it clear to all of the other federal courts that he, personally, is in charge of… Read more »
I don’t think Roberts will do that. He’s either compromised or a fool. Either way, he needs to quit.
He’s both. He’s compromised and a fool for thinking that he could get away with being compromised!!
Not until there’s a president who respects the constitution!
But when they are a bunch of FOOLS and CRIMINALS, they have ZERO legitimate power or authority over ANY man or woman! Can’t you see this simple bit of logic here?
Robert’s is a pussy and should be fטcked as such!
You do you lol.
we are suppose to be in charge… but no one wants to be… Honestly, I think there is a leadership vacuum. If we don’t step up, all might be lost… Our responsibility and legacy is to the generation that comes after us. DEI , ESG, trans this and that, disney, me too, BLM and a whole host of other things is who is leading the charge… we shouldn’t be shrinking violets because the left says we should be… It’s what comes to my mind… I’d give you 2 thumbs up if I could. The Court isn’t in charge.. our founding… Read more »
Our military/vets are kitting up on the wrong soil. America is over run from within, enemy in home team BP uniforms clipping the wire, enemy through the wire, enemy sitting in the command post. BROKEN ARROW!!! BROKEN ARROW!!! BROKEN ARROW!!! Direct all available ordnance on our position. God save America. However, I’ve skipped ahead, read the last chapter. GOD DOES WIN, doesn’t save America or this planet.
halving of the Cs Atlas shrugged
Roberts is a milquetoast.
Pardon me, that low rumble/growl might have been my ammo belt loader. Sorry…..
reloading plant low on brass
I would love an opportunity to ask a SCOTUS justice what they thought the most important job of the court is just so I could correct them and say “No, your most important job is to uphold the individual liberties of “the people” and to protect them from tyranny.”
They uphold, we protect.
HLB
Yup, and that’s exactly what Roberts failed to do regarding Obamacare. Be the roadblock between free citizens and an overreaching tyrannical gov’t.
Individual liberty is becoming a thing of the past.
Marxists don’t follow the Constitution nor the rule of law. Dictators never do. There’s nothing the USSC can do to stop them. It’s up to the people to revolt. Blue States people are clueless.
You paint with too wide of brush. Not all blue state residents are clueless, Washington has been quirky but not until MicroSatan, Amazon and other tech companies moved in did Washington become a wasteland. 3 counties out of 39 cause all the communistic problems. Same can be said for Oregon.
We’re just outnumbered right now. At one time in the not too recent past, Washington had more NRA members than Oregon and Idaho combined. That should be a wake up call for every voter skeptic reading this. It happened here, I guarantee you it can happen anywhere.
I moved here in ’94 and it was starting to become a wasteland already with Mike Lowry as gov. , but one could go to Seattle and explore the sites and be relatively safe, even in the evening, after attending a Mariners game. Not anymore, it’s a trash filled crime ridden hellhole. As always, Seattle, with the controlling voting population of the state is the fuse for bad things in the whole state.With the outward creep like any communicable virus, it’s engulfed Snohomish County and runs the I-5 corridor north and south, obviously including Olympia, the state capital, and sadly… Read more »
I moved here in 1978. Dixy Lee Ray was governor then, you can still see 2 giant monuments to her off State Highway 12 in Satsop, Washington. The two nearly completed nuclear reactor cooling towers from the first ever municipal bond defaults in America. Seattle was the first place I noticed the mistreatment of the mentally ill. Instead of helping these individuals find treatment or shelter, they did nothing. The idiots in charge and still do, think it’s more compassionate to leave these people on the street to fend for themselves. IMHO, that’s a morally bankrupt position to take. The… Read more »
Finish that power plant! If we had been building nuclear plants for the past 50 years, like we should have, and the develooment was handled properky, we would all be enjoying virtually free electricity today. And there would be plenty to charge the EV’s nobody wants.
The reality is that there are very few Blue States. Take a look at maps showing voting by precinct, zipcode, or congressional district and you’ll see what I mean. https://brilliantmaps.com/2020-county-election-map/ There is a vast red country dotted with blue blobs that generally are the big cities. What people perceive as “Blue States” tend to have one or more of these big blue blobs that in “tail wagging to dog” fashion swamp out the voices of the “red” voters in that state. We all know of the biggies: Chicago controlling Illinois, NYC controlling New York State, Los Angeles and San Francisco… Read more »
Sounds like perfect locations to wall in as prison camps. Oh, and Austin, don’t forget Austin.
Dems wiII simpIy ignore SCROTUS, and NOTHING wiII be done about it. 0nIy by force wiII they compIy.
The Supreme Court can bang their gavels all they want. Without an Attorney General that isn’t controlled by his sponsors, the rule of law is what his handlers say it is.
Right you are! That little Zionist worm, Moshe Garfinkle rubs his greedy hands together with much glee! Soon, we Americans will be as the Palestinians are!
You win the post of this thread.
No, the rule of law is what the armed American Citizens say it is.
HLB
I remember when Nixon was president and the left leaning SC made a ruling on something( I don’t remember the circumstance) of which he disagreed. He responded back to the SC to the affect of, “how are you going to enforce your decision?” I think Nixon was telling them they wouldn’t be supported by the AG and the DOJ, to enforce the decision. The SC reversed it’s decision.
Everyone who hold office or serves in the government wither in state or federal servitude must, and has, sworn an oath to defend the people, the nation AND THE CONSTITUTION against all enemies, foreign and DOMESTIC. Thus, anyone who goes against the constitution, any part of it, is treasonous and probably tyrannical. BOTH of those offences are capitol and both rate and deserve capitol punishment under the law. The question becomes, when is/are law enforcement and the courts going to enforce the law? The day will surely come when, should the courts and l.e. continue to fail in their constitutional… Read more »
the first two paragraphs are especially relevant to our society today. we are living in a country not ruled by law, but by feelings and wishes. our form of government has become authoritarian if not dictatorial, with progressive politicians and jurists.
i believe the time will soon come that we have to re-establish our republic to the way it was formed in the 18th century.
arm up and carry on
Communist Judge Engoron said the exact same thing about his emotions trumping established law. Time is closer than any of us, with common sense desires.
I remember his statement; unbelievable.
if you remember they put the head of the oath keepers in jail, most police are just jackbooted yes men watching the people being beat and gassed and starved, just doing their job, I hope a lot of them get a rope like at Nuremberg
We have to assume control of the electorate. Send fighters to congress and bring home fools like McClintock, Collins, Grahamnesty et al. It’s going to take incremental steps to undo all the knots the commies have tied around the Constitution and BOR.
Taking back America has to start in the schools, the same place this current mess got started. In my lifetime, and in retrospect, that first step was taking the Bible out of schools. IMO, that single little step removed the awareness that we answered to a higher power. As kids, we didn’t know any better, it was just the way things were. Probably at that time, our parents probably thought the gov’t was more “trustworthy” and didn’t push back. With that gone, the highest power became “the state”, which was the intent from the start.
There is one requirement for the Citizens. Since they will be opposed by the establishment and have no support from the masses, they must prepare and WIN.
HLB
I picture “special action” teams with member lists of Leftist political parties and organizations and their addresses, armed with those classic suppressed model 71 Jaguars.
If the courts fail to monitor themselves Congress can step in with the ultimate hammer. Congress is fully empowered to disestablish any subordinate federal court. Congress can simply close the 9th Circuit, and reestablish a new Circuit or Circuits. That may be the answer but it will require testosterone injections on a mass scale for republican congressional members.
“… such inferior courts as the Congress may from time to time ordain and establish.” Article. III. Section. 1., 2nd half of the first clause. If Congress can ordain them from “time to time” the are not forever. But, as with impeachment of judges it is doubtful Congress could muster sufficient wherewithal to solve the current problem, i.e., incompetent, corrupt and anti-constitution judges. (Heck they impeached Alcee Hastings and then accepted his credentials to sit in the House for near 30 years.) SCOTUS as the “supreme court” – “The judicial Power of the United States, shall be vested in one… Read more »
I think the most powerful move SCOTUS could make would be to issue injunctions against enforcing laws in question – to remain in effect until final disposition. Then GVR cases back to inferior courts with instruction to follow precedent. GVR again as necessary until they get it right. This would force lower courts to repeat their work – knowing it will come back to them until they get it right. Like making a child repeat their homework until they get it right — they will eventually put their minds to it and get it right. Judges hate being corrected –… Read more »
If Scotus does not act then every Federal law will be ignored by the Communist States. Perhaps thats the plan, and for Scotus to go back to sleep.
“USSC should” is not a reasonable phrase. They do their own thing. Also, who will enforce their will? The Executive, who seem to ignore them and the Constitution at will?
scotus could form their own security force, other agencies have their own time for scotus to step up and deputize militias
The Supreme Court of the United States is a government service. Their job is defined. We, the People, have our job too.
HLB
Part of the original compact and “by the consent of the governed” was that “we” especially meaning politicians, accepted and abided by the highest court’s decisions. The Founders with great wisdom, included a means for redress of grievances. Mostly good decisions, but still some bad ones especially by SJCs, Roe v Wade, Affirmative Action, Obamacare, but still accepted and followed by most everyone. Tyrannical states, gov’s, AGs are no longer willing to accept or abide by those decisions. When the “consent of the governed” no longer consent, there’s a remedy for that. Obviously, the members of the SC are flawed… Read more »
It took Kennedy nationalizing the Alabama National Guard to enforce desegregation. How / who will enforce the Second Amendment against a tyrannical government and it’s despicable boot lickers? The second Amendment will only be enforced by force of arms. Start using US 18 242 with real and extended jail time for oath violators. Judges, AG’s, police administrations and officers should be jailed, lose their pensions and not be allowed to hold a position of honor in the United States if they violate the Second Amendment……….legislators should be hung for violating their oaths to uphold and defend the constitution against enemies… Read more »
IMOA, SCOTUS lost control years ago when lower courts repeatedly backed up unconstitutional laws put out by politicians and their ilk. When gun control issues were heard by them, they kicked the can and left interpretation of the US Constitution and Bor unresolved.
How’s relying on the court system working out for POTG in California, Hawaii, Washington, Oregon, and Illinois, among others? Still believe the courts, including the Supreme Court can/will preserve your Rights? Good Luck, cause it ain’t working out so far. This what happens when you expect others to do the job. That is yours’ to do. Remember the 77. Who did theirs’
Team play.
HLB
Women’s beach volleyball?
They well send them a strong worded letter
Not that I personally believe in ANY form of gun control other than 18 to purchase or possess without parent or guardian authorization, but for the sake of the discussion… AR types? Check. AK types? Check. Thompson rifles? Chec- What? Wait a minute. I assume we are talking M1928 and M1A1, semiauto clones of submachine guns with 16″ barrels, and not single shot, break open hunting and target rifles…? With all the OTHER relatively obscure (compared to AR’s and AK’s) “assault weapons” we are scared of 10-pound, walnut and ordnance steel PCC’s that represent state of the art technology and… Read more »
The House needs to start impeachment hearings against judges who vote contrary to the direction of the Supremes. Reversing them obviously means nothing; if anything, it’s a badge of respect. Gone are the days when judges prided themselves on no or few reversals, it seems.
“Death by a thousands cuts” is the left’s game. They anticipate not winning by ruling. Yet they continue knowing that the pro-gun side funds both sides of these cases….pro via donations, anti via taxes. What do they have to lose?? They have no personal risk or repercussion. They know the lefty loonies that put them in office will do so again. Lefturdism is a community mental disorder. I don’t fear politicians as much as I fear the masses of loonies that put them in office. We have enough guns…..Lord, forgive me, did that come out of my fingertips…..HOARD AMMO!!!. It’s… Read more »
This is now the modus operandi of the Left; lawfare. It involves a wide-scale assault on the rights of individuals, and uses the power of the state, with its unlimited financial resources, to oppress the citizenry – which does not have the unlimited resources of the state to pursue endless rounds of appeals through the courts. This is tyranny. Those who ignore, or intentionally and deviously skirt and attempt to circumvent, over and over again, the intent and the rulings of the Supreme Court – and therefore the Constitution, since SCOTUS is the final arbiter of what is and is not… Read more »
What a piece of garbage that was submitted to be an article here! “It is high time the U.S. Supreme Court asserted its Article III authority against forces that dare to crush the common man’s liberty and freedom”. Don’t make me laugh, because it’s NOT a funny subject! How can the USSC/SCOTUS do that, when it has told the whole world that it cannot be trusted in any matter at all that comes before it? They did that many times I am sure, but the one in 1973, when nine doddering old fools wrote their decision in Roe v. Wade,… Read more »