Anti-gunners Launch Campaign to Intimidate U.S. Supreme Court as Second Amendment Case Looms

Anti-gunners Launch Campaign to Intimidate U.S. Supreme Court as Second Amendment Case Looms

For many decades, gun control proponents who saw their fortunes wane in legislatures from coast to coast and who were unable to get traction with Congress could at least console themselves with the thought that activist courts had their backs. The Second Amendment, after all, had been all but written out of the U.S. Bill of Rights by law professors and politically-minded judges, as cities and even the U.S. Congress increasingly adopted gun control in the Twentieth Century. But none of that could change the text, history, or tradition of the Second Amendment, which led to an unbroken and uniquely American embrace of private gun ownership as a defense against crime and tyranny and also gave rise to the popular understanding of bearing arms as a birthright of U.S. citizenship. Those facts and that understanding were formally recognized as constitutional doctrine by the U.S. Supreme Court in the landmark Heller case in 2008. But the anti-gun orthodoxy, which by then had taken hold of the U.S. legal establishment, would not relent easily. For over a decade courts have generally ignored the holding and reasoning of Heller (and its 2010 follow-up McDonald ) to uphold most of the same gun control whose passage was predicated on the idea that the Second Amendment had nothing to say about individual gun ownership or use. Now, however, the Second Amendment is back before a U.S. Supreme Court that features the strongest majority of originalists in modern times. An originalist is simply a judge […]

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