Supreme Court Wasnt Serious about the Second Amendment
While the media attention will focus on the Supreme Courts ruling inTown of Greece v. Galloway the legislative-prayer case the more interesting (and consequential) decision issued today was the Courts denial of review inDrake v. Jerejian, the Second Amendment case I previously discussed here. InDrake, the lower federal courts upheld an outrageous New Jersey law that denies the right to bear arms outside the home for self-defense just like the D.C. law at issue inDistrict of Columbia v. Heller denied the right to keep arms inside the home and today the Supreme Court let them get away with it.
Drake is but the latest in a series of cases that challenge the most restrictive state laws regarding the right to armed self-defense. Although the Supreme Court in Hellerdeclared that the Second Amendment protects an individual constitutional right, lower federal courts with jurisdiction over states like Maryland and New York have been willfully confused about the scope of that right, declining to protect it outsideHellers particular facts (a complete ban on functional firearms in the home).Its as if the Supreme Court announced that the First Amendment protects an individual right to blog about politics from your home computer, but then some lower courts allowed states to ban political blogging from your local Starbucks.
Yet each time, the Supreme Court has denied review.
New Jerseys is perhaps the most egregious restriction. In the Garden State, local law enforcement officials have full discretion to grant or deny a license to carry a firearm, which they may issue only if the applicant can prove a justifiable need (which in practice means aspecific, immediate threat to ones safety that cant be avoided in any way other than through possession of a handgun). Then, even if a local police chiefapproves a carry permit, the application goes to a judge for a hearing, during which the local prosecutor can oppose the permit. And even if the would-be gun-owner can successfully run that gauntlet, she gets a permit for two years, at which point she must repeat the entire process.
The dual review by two different branches of government is unusually burdensome, to say the least, and distinguishes New Jerseys approach in addition to the extreme definition of justifiable need from every other permitting regime in the country.Can you imagine the exercise of any other constitutional right being handled this way?
The effect of this regulatory scheme is that virtually nobody in New Jersey can use a handgun to defend themselves outside their home. The state law inverts how fundamental rights are supposed to work that the government must justify restrictions, not the right-holder the exercise and apparently the Supreme Court has no problem with that.
The lower court in Drakeapplied a deferential review far from the heightened scrutiny normally due an individual right enshrined in the Bill of Rights. It also assumed the legislatures good faith without requiring the state to show any evidence that a prohibitive-carry regime lowers the rate of gun crime, and excused what constitutional infringements the law causes because legislators acted beforeHellerclarified that the Second Amendment protected an individual right. To continue my previous analogy, its like a state law banning political blogging survived judicial review because the definitive Supreme Court ruling finding an individual right to political blogging didnt come down till after the state law was enacted.
What kind of a bizarro world are we living in where this is ok?
In Catos amicus brief inDrake, we posed an alternate question presented (legalese for the issue that a brief asks a court to resolve):
Was this Court serious in District of Columbia v. Heller when it ruled that the Second Amendment protects the individual right to keep and bear arms?
View original post here:
Supreme Court Wasnt Serious about the Second Amendment
- Nathan Magsig: Why Our Second Amendment Resolution Matters to the People of the Central Valley - GV Wire - July 10th, 2025 [July 10th, 2025]
- College student claims professor wouldnt grade her paper on the Second Amendment - WWNY - July 10th, 2025 [July 10th, 2025]
- College student claims professor wouldnt grade her paper on the Second Amendment - WAFB - July 8th, 2025 [July 8th, 2025]
- The Department of Justice Started a Second Amendment Task Force | An Official Journal Of The NRA - Americas 1st Freedom - July 8th, 2025 [July 8th, 2025]
- College student claims professor wouldnt grade her paper on the Second Amendment - Action News 5 - July 6th, 2025 [July 6th, 2025]
- College student claims professor wouldnt grade her paper on the Second Amendment - WABI - July 4th, 2025 [July 4th, 2025]
- The Second Amendment And The Federal Prohibition On Unlawful Drug Users From Possessing Firearms Analysis - Eurasia Review - July 4th, 2025 [July 4th, 2025]
- Two illogical GOP issues: The Electoral College and Second Amendment - The Durango Herald - June 28th, 2025 [June 28th, 2025]
- Second Amendment 'setback': Gun tax cuts stripped from Trump's 'big, beautiful bill' - Fox News - June 28th, 2025 [June 28th, 2025]
- Mass Shooting Prevented Because of Second Amendment, Expert Says - The Daily Signal - June 28th, 2025 [June 28th, 2025]
- An Official Journal Of The NRA | Why This UFC Fighter Believes in the Second Amendment - Americas 1st Freedom - June 24th, 2025 [June 24th, 2025]
- InfluenceWatch Podcast #369: Suppressors, the Second Amendment, and the Fight Against the NFA - Capital Research Center - June 24th, 2025 [June 24th, 2025]
- Cornyn Praises Second Amendment Provisions Included in Senates One Big Beautiful Bill - Senator Cornyn (.gov) - June 20th, 2025 [June 20th, 2025]
- DOJ Says AR-15s, Ammo Magazines Protected by Second Amendment in Seventh Circuit Brief - The Reload - June 20th, 2025 [June 20th, 2025]
- Chair Khatiwada submits report on Nepal Citizenship (Second Amendment) Bill in House - myRepublica - June 20th, 2025 [June 20th, 2025]
- Coders are saving the Second Amendment: DIY guns and digital resistance - The Hill - June 20th, 2025 [June 20th, 2025]
- Senate Version of One Big Beautiful Bill Could Hand a Big Win to Second Amendment Supporters - The New York Sun - June 20th, 2025 [June 20th, 2025]
- SCOTUS Turns Down Pair of Second Amendment Cases | An Official Journal Of The NRA - Americas 1st Freedom - June 12th, 2025 [June 12th, 2025]
- GOA Celebrates Supreme Court Smackdown of Mexican Gun Control Lawsuit: A Massive Victory for U.S. Sovereignty and the Second Amendment - Gun Owners of... - June 12th, 2025 [June 12th, 2025]
- New Political Thriller Explores Parental Vigilantism and the Second Amendment in the Wake of Tragedy - PR Newswire - May 22nd, 2025 [May 22nd, 2025]
- Second Amendment Victory: Trump Administration Overturns Forced Reset Trigger Ban - SOFREP - May 22nd, 2025 [May 22nd, 2025]
- Legal Adults, Limited Rights: The Second Amendment Fight For 1820-Year-Olds - concealedcarry.com - May 5th, 2025 [May 5th, 2025]
- Making the Fourth Amendment the New Second Amendment - The Assembly NC - May 5th, 2025 [May 5th, 2025]
- Federal Government Urges S. Ct. to Take Second Amendment Case - Reason Magazine - May 5th, 2025 [May 5th, 2025]
- Trumps Second 100 Days and the Second Amendment | An Official Journal Of The NRA - Americas 1st Freedom - May 5th, 2025 [May 5th, 2025]
- This Bill Doesnt Ban GunsIt Dismantles the Second Amendment Another Way - The Truth About Guns - May 5th, 2025 [May 5th, 2025]
- NRAs John Richardson admits he cant stand listening to Trump despite praising Second Amendment support - The Mirror US - April 30th, 2025 [April 30th, 2025]
- Trump administration says machine guns arent protected by Second Amendment - Washington Times - April 30th, 2025 [April 30th, 2025]
- Colorado Escalates its War on the Second Amendment : News Article - Independent Institute - April 25th, 2025 [April 25th, 2025]
- Stop the Second Amendment insanity | Letters to the editor - Sun Sentinel - April 25th, 2025 [April 25th, 2025]
- Labrador Backs DOJs Second Amendment Task Force, Joining Other States - Idaho Dispatch - April 25th, 2025 [April 25th, 2025]
- Voices of the Second Amendment Launches Live from NRA Annual Meetings & Exhibits - NRA Women - April 21st, 2025 [April 21st, 2025]
- Oswego Village Board approves second amendment of econoimic incentive agreement with Freddie's Off the Chain, increasing total grant funding to... - April 21st, 2025 [April 21st, 2025]
- Bills Protecting Veteran Second Amendment Rights Hit The House And Senate - The Truth About Guns - April 21st, 2025 [April 21st, 2025]
- Feenstra Leads Legislation to Protect Second Amendment Rights of Law-Abiding Renters and Tenants - Mix 107.3 KIOW - April 21st, 2025 [April 21st, 2025]
- Second Amendment advocate fires back against controversial gun bill: This is going to cost lives in the long run - MyNorthwest.com - April 3rd, 2025 [April 3rd, 2025]
- Restoration of Second Amendment Rights After They Are Lost - The Truth About Guns - April 3rd, 2025 [April 3rd, 2025]
- House Republicans Honor Second Amendment Promises, Advance Key Legislation - National Shooting Sports Foundation - March 28th, 2025 [March 28th, 2025]
- Congress poised to strengthen Second Amendment rights with national concealed carry reciprocity - Washington Times - March 28th, 2025 [March 28th, 2025]
- Senators team up to support proposed legislation protecting veterans Second Amendment rights - Washington Examiner - March 28th, 2025 [March 28th, 2025]
- Governor vetoes local lawmakers Second Amendment Protection Act bill - County 10 News - March 28th, 2025 [March 28th, 2025]
- Second Amendment Roundup: Court Seems Disposed to Rule for S&W and Against Mexico - Reason - March 13th, 2025 [March 13th, 2025]
- Governor Murphys Latest Plan is to Tax the Second Amendment Rights of New Jerseyans - Shore News Network - March 5th, 2025 [March 5th, 2025]
- Second Amendment Protection Act changes head to governor's desk - Wyoming Tribune - March 5th, 2025 [March 5th, 2025]
- WY: TELL THE GOVERNOR Support Second Amendment Protections! - Gun Owners of America - March 5th, 2025 [March 5th, 2025]
- Second Amendment Protection Act changes head to governor's desk - Wyoming News Now - March 5th, 2025 [March 5th, 2025]
- Gun Advocates Demand Results After Second Amendment Executive Order - MSN - March 5th, 2025 [March 5th, 2025]
- Could The Washington Post Go Pro-Second Amendment? | An Official Journal Of The NRA - America's 1st Freedom - March 1st, 2025 [March 1st, 2025]
- Second Amendment Concerns Raised After Long Island Village Bans All Gun and Ammo Sales - MSN - March 1st, 2025 [March 1st, 2025]
- Trumps bold move to strengthen the Second Amendment - Washington Times - February 27th, 2025 [February 27th, 2025]
- After York County shootings, its time to update the Second Amendment [letter] - LNP | LancasterOnline - February 27th, 2025 [February 27th, 2025]
- NSSF Praises South Dakotas Gov. Larry Rhoden for Protecting Second Amendment Privacy - National Shooting Sports Foundation - February 27th, 2025 [February 27th, 2025]
- Fear not the endless presidency: The Twenty-second Amendment - Convention of States Action - February 27th, 2025 [February 27th, 2025]
- New Florida bill would strengthen Second Amendment rights at colleges and universities - Campus Reform - February 27th, 2025 [February 27th, 2025]
- How USAID Funded the War on the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - February 14th, 2025 [February 14th, 2025]
- Bills affect homeless, addresses wildfires, makes OK a Second Amendment sanctuary state - Yahoo - February 14th, 2025 [February 14th, 2025]
- Trump Issues Executive Order: Protecting Second Amendment Rights Where are we now? - Firearms News - February 12th, 2025 [February 12th, 2025]
- Executive Order 14206Protecting Second Amendment Rights - The American Presidency Project - February 12th, 2025 [February 12th, 2025]
- Trump is protecting the Second Amendment - Washington Times - February 12th, 2025 [February 12th, 2025]
- Trump Signs Executive Order Strengthening Second Amendment | An Official Journal Of The NRA - American Hunter - February 12th, 2025 [February 12th, 2025]
- Executive Order Seeks to Protect Second Amendment After Prior Administration - Turning Point USA - February 12th, 2025 [February 12th, 2025]
- Executive Order on the Second Amendment, which doesn't need any help - Daily Kos - February 12th, 2025 [February 12th, 2025]
- NRA Statement on President Trumps Executive Order Protecting Second Amendment Rights - NRA Women - February 9th, 2025 [February 9th, 2025]
- President Trump signs executive order 'protecting Second Amendment rights' - Buckeye Firearms Association - February 9th, 2025 [February 9th, 2025]
- Trump starts unwinding Biden regulations that infringe on Second Amendment rights of Americans - Must Read Alaska - February 9th, 2025 [February 9th, 2025]
- White House Wields Executive Power to Bolster Second Amendment: - Hoodline - February 9th, 2025 [February 9th, 2025]
- DeSantis Second Amendment Summer is more about his aspirations than Floridas budget | Opinion - Miami Herald - February 5th, 2025 [February 5th, 2025]
- Dueling Gun Groups Strike Truce To Push Wyoming Second Amendment Rights Bill - Cowboy State Daily - February 5th, 2025 [February 5th, 2025]
- Trump AG Pick: I Am an Advocate for the Second Amendment, but I Will Enforce the Laws of the Land - The Reload - January 19th, 2025 [January 19th, 2025]
- Second Amendment advocates skeptical of Pam Bondi - Washington Examiner - January 19th, 2025 [January 19th, 2025]
- Federal Judges (Still) Have No Earthly Idea What to Do With the Supreme Courts Second Amendment Cases - Balls & Strikes - January 19th, 2025 [January 19th, 2025]
- Tuberville, Britt reintroduce pro-second amendment Constitutional Concealed Carry Reciprocity Act - Yellowhammer News - January 19th, 2025 [January 19th, 2025]
- Donald Trump Jr. says younger people are getting into the Second Amendment amid GrabAGun SPAC deal - Fox Business - January 9th, 2025 [January 9th, 2025]
- GrabAGun, a Mobile-Focused Online Firearms Retailer Defending the Second Amendment, to Become a Public Company through a Business Combination with... - January 9th, 2025 [January 9th, 2025]
- Secretary Gray Calls on Wyoming Legislature to Protect Second Amendment Rights by Repealing Gun Free Zones - Sheridan Media - January 9th, 2025 [January 9th, 2025]
- Bernstine Takes Oath of Office, Committed to Protecting Second Amendment Rights, Fighting Wasteful Spending - EllwoodCity.org - January 9th, 2025 [January 9th, 2025]
- NRA-ILA demonstrates its influence in advancing Second Amendment causes - Buckeye Firearms Association - December 18th, 2024 [December 18th, 2024]
- Availability of a second Amendment to the 2023 Universal Registration Document - Yahoo Finance - December 14th, 2024 [December 14th, 2024]
- Justices Thomas, Alito, and Gorsuch Signal Readiness to Revisit Second Amendment Licensing Disputes - USA Herald - December 14th, 2024 [December 14th, 2024]
- Supreme Court Passes On Chance To Correct Hawaii Ruling Finding Spirit Of Aloha Trumps Second Amendment - Daily Caller - December 10th, 2024 [December 10th, 2024]