18-280 NY STATE RIFLE & PISTOL, ET AL. V. NEW YORK, NY, ET AL. 10
The Respondents’ Suggestion of Mootness is denied. The question of mootness will be subject to further consideration at oral argument, and the parties should be prepared to discuss it.
It’s been 10 years since the Court voted to hear a fundamental Second Amendment gun rights case. See Justice Thomas’ dissent from the denial of certiorari last year in Silvester v. Becerra:
If a lower court treated another right so cavalierly, I have little doubt that this Court would intervene. But as evidenced by our continued inaction in this area, the Second Amendment is a disfavored right in this Court…
Nearly eight years ago, this Court declared that the Second Amendment is not a “second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780 (plurality opinion). By refusing to review decisions like the one below, we undermine that declaration. Because I still believe that the Second Amendment cannot be “singled out for special—and specially unfavorable—treatment,” id., at 778–779 (majority opinion), I respectfully dissent from the denial of certiorari.
One interpretation of the Court’s unwillingness during that nearly 10-year stretch is that Justice Kennedy believed that it would be politically unpopular among the howling classes of the #mediajackals and their lawprof allies to say “yes, the Second Amendment is a fundamental constitutional right, and we mean it.” So he voted against granting cert petitions. It takes 4 justices to vote to grant a cert petition.
Then Justice Kennedy stepped down. Justice Kavanaugh was confirmed in October 2018. Three months later the Court finally granted cert in this case. Better yet, the constitutionalist justices had enough votes to prevail against the anti-constitutionalists in the mootness skirmish last week; oral arguments remain set for December 2.
Today’s order list: https://www.supremecourt.gov/orders/courtorders/100719zor_m648.pdf
Excerpts from the Democrat senators’ amicus brief trying to derail this case (why are they so opposed to individual rights?) are here.
It’s been 10 years since the Court voted to hear a fundamental Second Amendment gun rights case. See Justice Thomas’ dissent from the denial of certiorari last year in Silvester v. Becerra:
One interpretation of the Court’s unwillingness during that nearly 10-year stretch is that Justice Kennedy believed that it would be politically unpopular among the howling classes of the #mediajackals and their lawprof allies to say “yes, the Second Amendment is a fundamental constitutional right, and we mean it.” So he voted against granting cert petitions. It takes 4 justices to vote to grant a cert petition.
Then Justice Kennedy stepped down. Justice Kavanaugh was confirmed in October 2018. Three months later the Court finally granted cert in this case. Better yet, the constitutionalist justices had enough votes to prevail against the anti-constitutionalists in the mootness skirmish last week; oral arguments remain set for December 2.
Thank you, President Trump.
Imagine the justices we’d have if Hillary Clinton were president today. -shudder-
Also it’s a little worrisome that Justice Thomas is out sick right now.
https://nypost.com/2019/10/07/justice-clarence-thomas-out-sick-as-supreme-court-begins-new-term/