SCOTUS Follow Up

Yesterday’s article was a surprise to me. I started the post with one mindset, and ended in a different place. Occasionally, it helps to talk out your issues.

It started with my statement, Snope should have been GVRed.

Why? Because the Supreme Court has already done a gun ban case. It is a slam dunk, easy case.

Slam dunk, easy cases, don’t make good law. Just like bad facts make bad law, easy cases don’t advance the law.

Every case the Supreme Court takes is important. They intend it to be important. While every case is important to somebody, or to a group, not every case is important to the country or the Court.

Every Second Amendment case is important to me. I want every court at every level to make a good ruling based on the plain text of the Second Amendment and this Nation’s historical tradition of firearms regulation. To do anything less is to flaunt the rule of law and our founding documents.

Too many judges are agenda-driven hacks, black robed wannabe tyrants, operating their rogue inferior court as if they are the supreme authority of this nation.

When an inferior court makes a bad decision, their superior court should step in and set them right.

If every inferior court judge had every bad decision slapped down, there would be many fewer bad decisions. On Monday, the court decided 116 cases.

Of those, three cases were an invitation to the Solicitor General to file a motion on how the US Government stands in the case.

Two were, “You can proceed as a pauper, you must pay to play.” One denial of cert had two dissents written. The rest are denials. Most of which are dealt with by being put in a column titled “Denied”. Nothing more.

If the Supreme Court was capable of dealing with more cases in a meaningful way, then I could see them taking these slam dunk cases.

Unfortunately, the court has painted itself into a corner in what they feel they can say. I can wish all I want that a GVR would say more than “in light of Rahimi“, but a GVR never has more than “do it over obeying this new opinion”. This should be happening with more targeted language.

But they don’t.

Instead, they hear 65 to 70 cases per term. They decide which cases will have the most impact on our country. Which cases will bring common understanding across all the circuits.

They choose. And right now, Roberts is not going to let more than a couple of Second Amendment cases be heard per term.

I agree with Thomas and Alito, the Court should have dealt with Snope in some way other than ignoring it.

Dealing with it now might make a difference in the next few years.

More likely, it would not have accomplished anything. The Court is supposed to set guiding principles. It isn’t supposed to be fixing individual results.

Assume the Court said, “AR-15s are arms under the plain text of the Second Amendment. They are in common use. They cannot be banned.”

What would change in the Ninth Circus court? The First, Second Third, Forth and Seventh Circuit? Nothing.

“The Supreme Court has said that Semi Automatic rifles are arms under the plain text, they are most similar to machine guns which can presumptively be banned.”

Or they require a permit to own an “assault weapon”. It is no longer “banned”. Instead, you are required to register as an assault weapon owner, pay $1000/year per assault weapon.

They didn’t ban those evil assault weapons, they are just making sure that people treat the ownership of such weapons seriously.

We need to see advancement in the Second Amendment.

When Bruen was decided, multiple cases were GVRed. Those cases are making their way back to the Supreme Court. If the Court takes any of them and produces a major opinion, like Heller, or Bruen, then we are on track.

So I’m licking my wounds and preparing to fight for the rights of The People to keep and bear arms.