Many think the US Supreme Court is under fire – they are right. In a revolutionary way, Biden and Congressional Democrats have called for undermining the Court’s authority and historic role in society, first through veiled personal and statutory threats, then pledges to “pack” the Court. If the Court rules to honor the original intent of the Second Amendment, the Court may come under fire again.
In short, Senators Schumer (D-NY) and others aimed to intimidate – or at least vehemently oppose – the High Court, primarily over abortion. Biden and Congressional Democrats have zeroed criticism on abortion, knowing a conservative majority could reverse Roe v. Wade in 2022. See, e.g., Schumer warns Kavanaugh and Gorsuch they will ‘pay the price.’
But another major issue – sure to be decided this summer – is the 2nd Amendment. Notably, one liberal justice – after retiring – wanted the amendment banned, while Democrats across the spectrum tend to oppose any interpretation that empowers individuals against the government or fits the original text. See, e.g., John Paul Stevens: Repeal the Second Amendment.
Now, while Supreme Court cases on the 2nd Amendment are rare, a major case is pending. In DC v. Heller, ten years ago, the High Court said the 2nd Amendment protects a gun at home for protection. Now, they are deciding, in a new case, limits on carrying outside the home. See, e.g., District of Columbia v. Heller.
The easy answer is a State – here, New York – should not be able to keep a citizen from self-protection with a gun outside the home, but this is being tested. In the new case, NYSRPA v. Corlett, the question is whether gun owners “who wish to carry a concealed firearm in public” may do so or if that right can be restricted into near non-existence. See, e.g., SUPREME COURT GUN CASES 2022: CONCEALED CARRY IN THE SPOTLIGHT.
Put differently; this case represents a chance for gun owners nationwide to carry guns for self-protection through a “concealed carry” process, without arbitrary, capricious, or political intervention by a State to block or dramatically restrict that right. See, e.g., The US Supreme Court Is Set To Hear A Major Second Amendment Case/.
The outcome of the case will soon be known – and as with abortion, the High Court may totally rethink rights. Many feel that a proper reinterpretation – restoring rights earlier recognized – is overdue and that the High Court will allow more Americans self-protection in public.
All this raises a second question worth preparing for: As with pro-abortion groups, how will anti-gun groups, and their political and media friends, respond to restored citizen gun rights?
The likely answer is not with enthusiasm, perhaps not respectfully. The 2nd Amendment case argued in late 2021 should be announced by late June 2022. It may announce a judicially conservative – Scalia-like – interpretation of citizen rights.
If the decision does support wider 2nd Amendment rights, prepare for political blowback. The High Court will be attacked, individual justices’ judgment, integrity, insulation from politics impugned, and summer and fall of 2022 will include gun rights as a major issue.
Anything else to expect? Only that most citizens – at a time of record-level homicides, drug trafficking, crime, and gun-buying – may favor the High Court’s empowerment of individuals to carry guns for self-protection. So, Democrats may find the institution under greatest pressure is not, after all, the High Court. It may be Congress.