Horowitz: The biggest potential win for conservatives from the SCOTUS vacancy? Gun rights

Horowitz: The biggest potential win for conservatives from the SCOTUS vacancy? Gun rights

Filling the Supreme Court vacancy is of upmost importance to conservatives, but it will not lead us to the promised land of a constitutional paradise. At present, there is only one full-fledged originalist on the court, and in general, until the other GOP appointees get more aggressive in reversing new, malignant precedents in the lower courts, we will continue to suffer from judicial tyranny. However, the most auspicious prospect for a return to constitutional jurisprudence at the court will likely be in cases involving gun rights. Nothing to sneeze at, indeed, especially with the growing violence menacing our safety daily. Years after discovering many novel pseudo-rights, the Supreme Court finally recognized the Second Amendment’s individual right to self-defense in 2008 in the landmark D.C. v. Heller decision. Two years later, in McDonald v. Chicago , the court ruled that these constitutional constraints on gun control applied to the states as well. Chief Justice Roberts joined both of those decisions, yet over the past decade, he has allowed lower courts to chip away at them to the point that they now only affirm some right to own some sort of gun in one’s home. Everything else — from bans on common weapons and extremely common, almost standard magazines to categorical bans on the right to bear arms outside of one’s home — has been upheld by nearly every appeals court. What has happened over the past few years is a losing battle of gun rights groups trying to enforce Heller […]

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