There’s no time like the present to take a Second Amendment case

In 2008, the Supreme Court decided D.C. v. Heller . Since that date, President Obama served two terms, President Trump served one term, and President Biden has begun his first term. Five members of the Court left through resignation or death: Justice Souter, Stevens, Scalia, Kennedy, and Ginsburg. Only four members from that Court remain: Chief Justice Roberts, and Justices Thomas, Alito, and Breyer. Over the past thirteen years, a lot has changed. Yet, one thing has remained constant: the Supreme Court has refused to provide any further explanation about the scope of the Second Amendment. We have seen radical shifts in many other areas of the law, but for guns, we are still stuck in 2008. During this time, the lower courts have brazenly resisted Heller at every step. Yet, at least as of June 2020 , there were not enough votes to take a gun case. Now, I presume, the votes are present. Paul Clement has gift wrapped a cert petition with a bow for the Justices to review. NYS Rifle & Pistol Association II would present a simple question: "Whether the Second Amendment allows the government to prohibit ordinary law-abiding citizens from carrying handguns outside the home for self-defense." Answering this question, yes or no, would settle so much ongoing litigation. The case will be distributed for the March 26, 2021 conference. Keeping with past practice, the Court generally relists a petition once before granting. Thus, on April 1, the Court will decide whether to take […]

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