Anti-gunners across the nation are lamenting the retirement of U.S. Supreme Court Justice Anthony Kennedy. Because they know what’s coming. The nomination of an unabashed and unequivocal supporter of the Second Amendment.
For many gun owners who may have held their nose and voted for the cocksure GOP presidential candidate in 2016, this was the payoff. The promise that Donald Trump, despite all his glaring flaws and foot-in-mouth moments, would fill the high court with conservative justices who would protect our precious Constitutional rights for the foreseeable future.
Assuming Trump holds true to his word, it’s a great day for the firearms community. Looking ahead, there exists the real possibility that major 2A cases that have been given the cold shoulder by SCOTUS over the years will now be heard. We’re talking about the constitutionality of bans on certain black rifles, prohibitions on open carry, may-issue concealed carry standards, 3-D printed guns, and waiting periods for gun purchases.
Elections matter! Thank you again to all #NRA members who got out and voted in 2016. Because of you, @realDonaldTrump is appointing the replacement to Justice #Kennedy who was the deciding vote in DC v. Heller. #ThankYou #2A #SCOTUS https://t.co/nw3kTegdyB
— NRA (@NRA) June 27, 2018
Many believe as Huffpo guest writer Eric Segall noted that the roadblock to these cases getting the green light was Kennedy. Though the Reagan appointee had the trappings of a conservative, he was ultimately a wild card. His peers on the bench had no idea which way he’d vote, so rather than find out, they would often opt to kick the can down the road.
With Kennedy out of the picture, there will be nothing standing in the way of a pro-gun SCOTUS from setting the record straight on our right to keep and bear arms. As Segall lamented, “our nation’s highest court may well start imposing its will on the gun measures of all 50 states and many cities and towns.”
The significance of this cannot be overstated. Back in 2016, Sen. Chuck Schumer (D-NY) said, “My number one goal, should I become majority leader with your help, is to get a progressive Supreme Court.”
“A progressive majority on the Supreme Court is an imperative, and if I become majority leader, I will make it happen,” he continued. “I will make it happen.”
Needless to say, Schumer failed. But he was keenly aware of the stakes. Now, the only thing the New York Democrat can do is try to delay a confirmation until after the midterm elections. A play that is destined to fail given that only a simple majority is needed to confirm a Supreme Court nominee. There are 51 Republican senators and several red-state Dems who will likely fall in line behind Trump’s choice.
“The Senate stands ready to fulfill its constitutional role by offering advice and consent on President Trump’s nominee to fill this vacancy,” Senate Majority Leader Mitch McConnell said Wednesday. “We will vote to confirm Justice Kennedy’s successor this fall.”
If the Senate’s constitutional duty to advise and consent is just as important as the President’s right to nominate, as Leader McConnell also reminded us, why should a midterm election be any less important than a presidential election?
— Chuck Schumer (@SenSchumer) June 28, 2018
Gun-control organizations are scrambling to come up with a plan. Everytown for Gun Safety, the gun-control organization funded by Michael Bloomberg, released a statement suggesting that there will be some sort of resistance to the inevitable.
“The Supreme Court has made it clear that reasonable gun laws are entirely consistent with the Second Amendment,” said Eric Tirschwell, Everytown’s Litigation Director.
“We fully expect the gun lobby will push for a nominee inclined to restrict public officials’ ability to pass common-sense gun laws, but Americans will not stand idly by any attempt to use this nomination to undermine public safety,” he continued.
Tirschwell has it backward. For years SCOTUS, via calculated inaction, has allowed public officials to infringe on the 2A rights of law-abiding citizens, thus making it harder for these responsible taxpayers to keep their families safe. With the retirement of Justice Kennedy, those days are over. Patriots around this nation will rejoice every time a so-called “common-sense gun law” is declared unconstitutional.
Here’s to the future!