Friday, August 05, 2022

And the Bruen decision marches on

Since Supreme Court Justice Clarence Thomas made crystal clear in his ruling in New York Pistol and Rifle v. Bruen that the Second Amendment is not a second-class civil right, the question becomes: how far does this decision go? After consulting several gun and constitutional lawyers, here’s the short answer: very far. Read on.
A bunch of politicians have already admitted they're passing laws they know are unconstitutional to try and get around this decisioin(which they can't) and/or try to delay it as much as possible.  It's going to take a while.

2 comments:

rickn8or said...

Much like the Democrats behaved from the end of the Civil War until the mid-1960's.

Jim Crow anyone??

Rick said...

My opinion is this scheme originated in California.
Lawmakers know their laws will be challenged. They will clog the courts. It will require time measured in multiple years, even decades, before court decision. Then there is the appeal. Which resets the clock. Then there is the motion for en banc.

In the meanwhile, very infrequently there is an injunction to stay the bad law. Even then, the rare injunction will be temporary and will likely be lifted before the court schedules let alone even deciding.

This is lawfare.