On Guns, I’m Loving SCOTUS-1: 9th Circuit Court of Appeals & Conceal Carry
California’s 9th Circuit Court of Appeals affirmed a lower court’s decision that the 2nd Amendment doesn’t cover concealed carry and that states have latitude in deciding whether or not to allow it. The AP reports:
“Dealing a blow to gun supporters, a federal appeals court ruled Thursday that Americans do not have a constitutional right to carry concealed weapons in public.
In a dispute that could ultimately wind up before the Supreme Court, a divided 9th U.S. Circuit Court of Appeals said local law enforcement officials can place significant restrictions on who is allowed to carry concealed guns.”
While the decision will surely be appealed by gun rights advocates and the NRA, timing is a big factor. Appeal now and get to an 8-member Supreme Court only to have a tie and automatically uphold the 9th Circuit court ruling or wait until after the November election for a new Congress that may well have the Democrats back in charge of the Senate?
I think I really dig this split court. As I’ve written previously about President Obama’s nominee, the Senate does have a duty to advise and consent and it should do so in the case of Judge Garland, even if it fully intends to reject him. I find Garland’s position too liberal at a time when a progressive should be nominated and the court should be stacked with progressives from here on out to undo the harm that a conservative court has done for years.
So, bring it on, NRA! Let’s get the 2nd Amendment back on track to a corrected reinterpretation and back to its actual original intent. When you think about it, what better way to undo Scalia’s biggest achievement than without even replacing him?