Fearing Pro-Gun Ruling, Senate Dems Pressure SCOTUS to Drop NY Pistol Case

Hawaii Senator Mazie Hirono was one of five senators who threatened the Supreme Court for continuing to hear the New York gun case. (Photo: Wikimedia Commons/Jim Greenhill)

A group of Democrats in the U.S. Senate has threatened the Supreme Court with “restructuring” if it does not drop what could be a landmark gun case out of New York.

Sens. Sheldon Whitehouse, Richard Blumenthal, Mazie Hirono, Richard Durbin, and Kirsten Gillibrand argue in a recent brief that SCOTUS should drop the case because New York City has repealed the gun control law in question. If the Supreme Court refuses, the senators warn, they will consider meeting “public demands” to add more justices to the bench.

“The Supreme Court is not well. And the people know it,” the brief says. “Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’ Particularly on the urgent issue of gun control, a nation desperately needs it to heal.”

The Supreme Court announced in January that it would accept its first gun-related case in over a decade to determine the constitutionality of a New York law that prohibited the transportation of handguns anywhere except to and from shooting ranges. Depending on how broadly the court rules, the case could affect all laws controlling the right to bear arms outside the home and, if favorable to the plaintiffs, score a major victory for gun rights across the country.

Rather than face an unfavorable ruling from the right-leaning court, New York City officials dropped the law in an effort to get SCOTUS to drop the case.

SEE ALSO: Exclusive: New York Judge Issues Red Flag-Style Gun Confiscation a Full Month Before the Law Takes Effect

Second Amendment Foundation Founder Alan Gottlieb told GunsAmerica that the Court should still hear the case because nothing prevents New York from reenacting the original law.

“The best argument for the Supreme Court to hear the New Your City case is that nothing prevents them from re-enacting the gun prohibition scheme. They only changed it at the last minute to prevent a ruling against them,” Gottlieb said via email.

The New York State Rifle & Pistol Association, the organization that brought the case against the city, accused city officials of a “nakedly transparent effort to evade this court’s review” by moving to ease the restrictions.

The court has made no indication that it plans to drop the case. Gottlieb put the chances at 50/50, but also noted that the Second Amendment Foundation has two additional cases before the high court if they decide to pass on the New York case.

SEE ALSO: Can New York City Ban Your Right to Bear Arms?

If the court continues to allow the case to move forward, Democratic senators argue, it will confirm its allegiance to political action groups like the National Rifle Association.   

“Indeed, petitioners and their allies have made perfectly clear that they seek a partner in a ‘project’ to expand the Second Amendment and thwart gun safety regulations,” the brief states. “Particularly in an environment where a growing majority of Americans believes this Court is ‘motivated mainly by politics,’ rather than by adherence to the law, the Court should resist petitioners’ invitation.”

“Out in the real world,” it continues, “Americans are murdered each day with firearms in classrooms or movie theaters or churches or city streets… In the cloistered confines of this Court, and notwithstanding the public imperatives of these massacres, the NRA and its allies brashly presume, in word and deed, that they have a friendly audience for their ‘project.’”

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About the author: Jordan Michaels has been reviewing firearm-related products for over four years and enjoying them for much longer. With family in Canada, he’s seen first hand how quickly the right to self-defense can be stripped from law-abiding citizens. He escaped that statist paradise at a young age, married a sixth-generation Texan, and currently lives in Waco. Follow him on Instagram @bornforgoodluck and email him at jordan@gunsamerica.com.

{ 57 comments… add one }
  • Tommy Oliver September 20, 2019, 7:38 am

    I don’t understand why we don’t charge them with Terrorism thay are threatening to dismantle the supreme court if they don’t get there way

  • Ej harbet August 25, 2019, 4:02 pm

    Their favorite weapon of social justice is turning against them.
    And soon amy replaces rbg,,,,,,

  • Jay August 20, 2019, 7:50 am

    When Your Trump signs Red Flag Laws, be sure and report each and every Anti-American politician and let’s see if those laws work!!

  • Patrick Norton August 18, 2019, 11:12 am

    NYS attempt to regulate the when, where and how a legal firearms owner can use his/her firearm is a loser in court and they are well aware of this fact.

  • Pedro August 17, 2019, 1:54 pm

    What on earth makes Democrats think they can ignore or rewrite The Constitution each time it fails to serve their nefarious aims?

  • Pedro August 17, 2019, 1:42 pm

    Democrats don’t get to rewrite The Constitution each time it fails to serve their nefarious interests. SCOTUS should ignore their threat.

  • DAVID MILLER August 17, 2019, 7:22 am

    Just wait till 2024 we are safe till then the loonies will be elected because people think its time for a change or its dems turn sheple will follow the tv b.s. 2024 is going to be a bad time in america get ready look at bill mar he thinks a recesion/depresion is good

  • Alfonso Rodriguez August 17, 2019, 2:53 am

    They make such statements as if what their threat were so easy to carry without a bureaucratic train wreck. Threatening institutions for carrying out their duties is immoral. We are now forced to select the lesser of two evils in 2020. One party so far to the right the are threatening our democracy another party going so far to the left they are also a threat to democracy; this is a dilemma where one looses no matter what, it is just a matter of his much are you willing to loose. I do not listEn and would rather wish him a heart attack as a birthday present but the Republicans may be my choice by default. The dems have too many aficionados that do realize that change is incremental and not a Sunami of irrational bureaucratic destruction. I will vote for my Congressional and Senate representative and avoid the Presidential conundrum since in the House and Senate is where the real power lies.

  • wrangler5 August 16, 2019, 11:21 pm

    This is all for consumption by their base. (Or, perhaps, defensive speech to keep their base from getting too “disappointed” in their Senators, and paying a nighttime visit to show their disappointment by burning the Senator’s house down.) Dim as they frequently seem, I doubt any of ’em are dumb enough to think Guam is going to tip over, and they also know they can’t select the judges that will vote on, and that Trump probably will have the judge-nominating power for the next 5 years they way their herd of Presidential candidates is performing. So this is all for show.

  • Altoids August 16, 2019, 8:10 pm

    They’re right. The Supreme Court is not well.

    It won’t be until there are at least 3 more conservative constitution-supporting justices seated.

  • Larry Anderson August 16, 2019, 8:08 pm

    If Socialists tamper too much with our system of
    Government, they will feel the wrath of true Americans
    come down mightily upon them all !!!!! They are simply
    too arrogant, and ignorant to understand this fact…..

    • Joe August 17, 2019, 11:29 pm


  • Mr. Sparkles August 16, 2019, 7:14 pm

    SCOTUS is 1/3 of the checks and balances of our democratic society.

    It is funny how the dems never thought they needed more justices when the court was left leaning like when they passed ROWE.

    Me thinks I smell a rat. A whole political party of them.

    • Joe August 17, 2019, 11:31 pm

      Exatly what I was thinking!

  • howard August 16, 2019, 7:06 pm

    The Senate does not have the power to change the US Constitution on it’s own. There must be a Constitutional amendment sent to the people and 2/3 or the states must approve it. That goes to show how ignorant our democratic senators really are. Don’t even know the US Constitution. Shameful.

  • Kevin Baxter August 16, 2019, 6:30 pm

    I’m sure that the SCOTUS members are just quivering in their boots at this bald faced attempt to exert extra-legal influence. Somehow I don’t think that they are a bunch of quivering lilies that will wilt at the first exposure to external pressure.

  • Kivaari August 16, 2019, 5:23 pm

    Take the gun control issue out of this discussion. Now, think about what these democrats want to do to the constitution in regards to every other government program. That alone should dissuade anyone from voting democrat. Now add the gun control issue back into the equation. Is there no doubt that democrats want to subvert the constitution. Voting democrat is like killing yourself.

  • Eric August 16, 2019, 4:51 pm

    Why aren’t these people being arrested and held accountable for their words? Until this comes to pass, this train wreck will continue to pile up.

  • Jack Blade August 16, 2019, 4:39 pm

    Stupid Communist Dems can go straight to hell! Let the bastards try disarming us…😂

  • Dan Judd August 16, 2019, 4:01 pm

    So changing gun laws is going to reduce the amount of suicides and murders. And gang shootings. That is why is has worked so well in chicago, and detroit, and baltimore.

    Leftist dem congressfolk are of no use to this country. They only think of their pet projects, and their suggestions to fix things……………………. are idiotic at best. Threaten the SCOTUS because you don’t like what they decide? That is childish and shows that the founders anticipated the likes of the dems when they created the SCOTUS. The biggest problem now is the liberal media gives the dems sooo much press time, as if what they say helps anyone. It does not.

  • FB August 16, 2019, 3:30 pm

    That is extortion!

  • JoshO August 16, 2019, 2:39 pm

    “We’re losing so we’ll change the rules!” Petulant children.

    I hope they do try to F with the makeup of the Court, it might be the spark that lets us rid ourselves of the commies for good.

    • B353 August 16, 2019, 5:24 pm

      They keep pushing buttons…sooner or later they’re going to push the wrong one…

  • Brick August 16, 2019, 1:41 pm

    Nothing new! Democrats have been trying to change the Supreme Court since FDR tried to get the number of Justices increased to 15 so could pack it with 6 of his own choosing!

    • Gerald Wayne Zirnstein August 16, 2019, 2:19 pm

      Yes, a disgusting FARCE! FDR was a Socialist and Communist and Eleanor was the first Lesbian “First Lady”. Bill Clinton and Hillary are the mirror images of that scum and even worse.

      If they manipulate the Supreme Court like that then I expect chaos to rule in the U.S. for years to come until it is corrected.

  • Robert Allen August 16, 2019, 1:37 pm

    Of course upholding thier oath to protect,our constitution would be a good start for,these democraps. Seems to me taking our rights,and freedoms are thier agenda. No matter how many people they have to kill to gain their goals..

    • Jay August 17, 2019, 7:02 am

      (quote)Of course upholding their oath to protect our constitution…(end/quote) Of what value is an “oath” of the godless sworn upon nothing?

      And who could realistically expect such people to uphold and protect such a document as the Constitution which they hate so virulently.

  • D.A.N. August 16, 2019, 1:29 pm

    What these ID10Ts don’t understand is that even if they increase the number of members of the SCOTUS, they won’t get much of a say as to who gets put on it this year or next. They seem to forget that they only get to vote on the nominees, not put then on it directly. If they attempted to do that, they would in fact be committing a crime and the punishment for that crime is the death penalty. And thanks to one of their own kind, Dirty Harry Reid, it now only takes a majority in the Senate to end a filibuster and vote in the Justices. So go ahead, make it a 15 person court. Trump would get to select 6 more nominees that you leftist would hate.

  • Carl August 16, 2019, 1:25 pm

    Gee, don’t we have separate branches of the government any longer? Ignorant people making these types of decisions worry me.

  • joefoam August 16, 2019, 1:15 pm

    The arrogance of these elected officials is stunning. Threatening the judicial system with repercussions if they don’t behave? Just exactly who do they think they are if they feel that they can reorganize our entire system of gov’t to suit their needs.

  • TK. Anderson August 16, 2019, 1:09 pm

    Imagine for just a moment. “The Supreme court with a majority of liberals”… GAME OVER!

    • Steven August 17, 2019, 12:41 am

      no, that would be Civil War all over again. Why game over….you’re just gonna role over and cave in? What wouldve happened if Washington and the Colonists hadnt risen to the occassion? Stop being a coward and stymied by the media. Patriots are still the majority, start acting and talking like it.

  • Jim August 16, 2019, 11:37 am

    I would be so humiliated to be a Democrat at this time. Do they not see how pathetic their arguments are? Apparently, NOT.

    • Robert August 16, 2019, 1:41 pm

      I am humiliated to be on the opposite side from democrats…it would appear that there are no boundries or limitations to their destructive obfuscation of any law or law body that is not in allegiance with their self-serving existence.

  • Brian August 16, 2019, 11:34 am

    Domestic enemies of America. They need to be arrested, tried and when found guilty of treason summarily executed. I’m quite sure SCOTUS, after being threatened by these subversives, will not entertain any appeal from them.

  • Easy Eddie August 16, 2019, 11:23 am

    The author could have saved space by simply saying ‘All the usual suspects’ . Their ‘stacking’ threat is outrageous on its face, confirming once again that the ‘usual suspects’ have no real allegiance to the Constitution, solely to their inflexible ideology.

    Rather what should have been said of the Supreme Court is that “it will confirm its allegiance to the Constitution.” But then, the Dems, and those in NY State in particular, have no use for the Constitution; it is a stumbling block, something only to be overcome.

    The NYSPRA worked tireless to get this case this far. It should be heard before the bench. And as for the ‘esteemed’ Senators here, they’re skating on the edge of felony territory. But then, as we all know, the laws don’t apply to them.

    • Gerald Zirnstein August 16, 2019, 2:24 pm

      It just proves that Democrats are traitorous scum that will take power any way possible. If they do, civil war will ensue, surely.

  • Backflow August 16, 2019, 10:57 am

    Those threatening the Supreme Court should be Red Flagged asap?

  • MikG August 16, 2019, 10:38 am

    If another civil war does occur (which is becoming more possible every year) it will be Americans against Democrats.

    • Alej August 16, 2019, 12:01 pm

      Precisely stated. In fact Democrats are already against Americans.

      • Cire36 August 16, 2019, 1:18 pm

        I have to disagree. I would say that I identify as a Democrat. I disagree with Republicans on almost everything except when it comes to the 2nd amendment and gun rights. Dems got it all wrong when it comes to guns. By the way, I’m a Marine and LOVE MY AR’s.

        • Larry B August 16, 2019, 3:18 pm

          Hey Jar head, thank you for your service (old soldier, here) So given your support for the 2A, what do you find within the democratic party that aligns with you other beliefs so much? Just curious cause brother, that sounds very atypical of folks who were once employed to break shit and kill people… 😉

        • John Rogers August 16, 2019, 3:30 pm

          I’ve seen quite a few similar comments from other Democrats. Even to the point of volunteering to stand along side Republicans to resist anti gun laws. I think the nasty word now is “progressives”.

  • SuperG August 15, 2019, 10:26 am

    OMG, the blatant hypocrisy in the statement. They are the ones inducing politics into the case. These people are a cancer to freedom and democracy.

    • Bob August 16, 2019, 2:06 pm

      They’re a cancer to all of humanity…. hell, even Ghandi was pro gun….

  • Jaque August 14, 2019, 10:15 pm

    If Americans are undecided about whether the Democrat Party has decided to accept Communism as Americas future this action by the partys star Communists should convince them. This act is straight from the Communist playbook. Dont like a court decision, then threaten the judges.

    These Communist rats will do anything and everything to take Americans guns away. And if Americans surrender to these communist rats then the Home of the Brave and Land of the Free ceases to exist.

  • Will Drider August 14, 2019, 10:02 pm

    A Threat made in order to intimidate a person or group to make a decision favorable to the threatening party. I think we have Laws against that. SCOTUS needs to drop that Letter in the AG Barr’s Lap.

  • CavScout62 August 14, 2019, 5:11 pm

    As politicians continue to get away with violating the rights of American Citizens the citizens continue to arm themselves illegally and on it goes. I’m afraid that this will culminate in a civil war that will see these same politicians forced to run and hide, never to be seen or heard from again. Elections used to work but the leftist continue to manipulate and steal seats and it can’t go on forever. Median average income as salaries I think would fix the problem of lifelong politicians.

    • RICK August 16, 2019, 8:54 am

      So would term limits. If it’s good enough for a president, why not for those under him?

      • MadMax3.6 August 16, 2019, 4:55 pm

        Amen to that brother!

      • Steven August 17, 2019, 12:46 am

        term limits is the key! and you can only serve and represent the area you come from, grew up in, have called home mpst of your life. And your income is the median average of the state you come from….lets see what happens to the vote then…

  • Gary MacNeill August 14, 2019, 4:51 pm

    So because the supreme court is hearing a case that got sent up to it they are right leaning politically motivated. I thought their job was to hear cases that couldn’t be resolved in lower courts? Am I wrong on that? Side note is anyone else getting tons of anti second ammendment OP-eds in their news feed that don’t have comment sections now? Or is it just me? Seems like I get 3 or 4 a day now.

    • Chad Becker August 16, 2019, 12:26 pm

      Yes, notced that myself. Google and FB doing their best to make an anti 2A echo chamber.

    • Gerald Zirnstein August 16, 2019, 2:27 pm

      They want you to absorb their biased ideology without comment. Better that way to control the normal sheeple and make them eventually agree with them.

  • Forrest August 14, 2019, 4:21 pm

    Dems lose 2016 election and try to change the rules to prevent it from happening again.

    Now they fear losing a single SCOTUS case and threaten to completely restructure the court so they can’t lose another.

    Maybe instead of tyranny they should try less horrible policies and candidates?

    • Bob August 16, 2019, 2:08 pm

      When you build your world on bullshit, a single flush is enough to empty the whole bowl.

      That’s what they’re facing and they know it.

    • MadMax3.6 August 16, 2019, 4:57 pm

      Tyranny and tyrants have evolved as well and so are the lunatics who push their socialist agenda.They (DEMONCRAPS) would like nothing better to see all of our rights and freedoms taken away and our country wind up a shit hole like Venezuela.”Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” -Benjamin Franklin.

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