The Supreme Court is sending a wake-up message to states that disregard or seek to overturn the United States Constitution, particularly with regard to the Second Amendment. The Supreme Court is making it plain that state legislation cannot collide with the constitutional rights of American citizens.
U.S. Supreme Court Justices Clarence Thomas and Samuel Alito are voicing alarm about what they see to be “serious” problems in a gun control measure imposed by New York’s Democratic supermajority following a verdict against the state’s prior concealed carry regulations in June. The justices warned that the new law “presents novel and serious questions under both the First and the Second Amendments,” even though the highest court in the country decided not to intervene while lower courts continued to hear arguments for and against it.
The Supreme Court last week issued an order allowing New York to continue enforcing the banning of guns from “sensitive places,” such as schools and playgrounds, while a federal appeals court prepares to hear arguments challenging the law. Alito and Thomas, two of the Supreme Court’s most conservative members, issued a statement with the order saying the law “presents novel and serious questions under both the First and the Second Amendments.”
“Applicants should not be deterred by today’s order from again seeking relief,” said Alito, who was joined by Thomas, if the lower courts do not speedily determine the challenges against the New York statute or explain their actions.
Reports indicate that gun rights organizations and gun owners petitioned the Supreme Court to reverse a decision by a federal appeals court that temporarily halted a lower court’s decision banning provisions of the new legislation.
“Thomas in June authored the high court’s New York State Rifle & Pistol, Inc. v. Bruen decision that struck down a New York law regulating who is allowed to carry a concealed weapon in public. The state then rewrote the law,” according to Newsmax. “Now, there are four Second Amendment-related challenges to that law at the federal appeals court level. The 2nd Circuit, which holds a 7-6 Democratic-led majority, announced Friday it would hear arguments March 20 against several provisions in New York’s law,”, the news source added.
Wednesday’s short, unsigned Supreme Court ruling deferred to the 2nd Circuit after the appeals court in December denied a stay on provisions of the modified New York statute. In early November, a U.S. district court judge threw down the majority of the law’s provisions, according to the Washington Examiner.
Alito and Thomas wrote that the high court’s order was to “reflect respect for the 2nd Circuit’s procedures in managing its own docket,” adding that the ruling in no way was meant to judge the merits — or lack thereof — regarding the law, Conservative Brief reports.
New York was one of around six states whose concealed carry limitations were determined to violate the protected right of persons to keep and bear guns outside the house, as guaranteed by the Second Amendment. In response to the June verdict that invalidated the New York statute, the state revised it, and Democratic Governor Kathy Hochul signed it.
The significance of the New York State Rifle and Pistol Inc. v. Bruen judgment is described by those who desire the protection of second amendment rights rather than its repeal.
More on this story via The Republic Brief:
The new law is immediately challenged in court, with plaintiffs citing the Bruen precedent. “They seem to be designed less towards addressing gun violence and more towards simply preventing people from getting guns — even if those people are law-abiding, upstanding citizens, who according to the Supreme Court have the rights to have them,” Jonathan Corbett, a Brooklyn attorney and concealed carry applicant who challenged the law along with several others, told the AP in August. CONTINUE READING…