The Second Amendment stakes for Brett Kavanaugh’s Supreme Court nomination just got bigger

The Second Amendment stakes for Brett Kavanaugh's Supreme Court nomination just got bigger

On Friday, the 5th Circuit Court of Appeals raised the stakes for the upcoming confirmation fight over Supreme Court nominee Judge Brett Kavanaugh. In Mance v. Sessions, by an 8-7 vote, the New Orleans-based federal appellate court denied the plaintiffs’ request for full court review of their challenge to a federal law that prohibits firearms dealers from selling handguns to out-of-state consumers. A three-judge panel had previously rejected the Second Amendment challenge to the law, holding the federal ban did not infringe on the plaintiffs’ right to bear arms. Now, with the full court refusing to rehear the case, a petition for Supreme Court review is inevitable. [ Opinion: Here’s what Judge Brett Kavanaugh’s Supreme Court nomination means for gun rights ] Last term, the Supreme Court rejected two high-profile Second Amendment appeals. First, the justices refused to review the 4th Circuit’s decision upholding Maryland’s ban on semi-automatic rifles and high-capacity magazines. And then less than six-months ago, the Supreme Court rejected an appeal from the 9th Circuit that challenged the liberal-leaning federal appellate court’s decision upholding California’s 10-day waiting period to purchase firearms. The Supreme Court’s refusal to intervene in the latter case prompted Justice Clarence Thomas to chastise his fellow justices for once again relegating the Second Amendment to a second-class right. The 5th Circuit’s decision in Mance v. Sessions provides a fresh opportunity for the justices to intervene and, for several reasons, provides an ideal vehicle for the Supreme Court to clarify Second Amendment jurisprudence. First, […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.