On Mom’s and the law

On Facebook, Mom’s Demand Action is celebrating the Ninth Circuit Court’s decision that the 2A does not protect the right of a person to carry a firearm outside the home in the Peruta v. San Diego appeal.

Moms 9th

The Facebook post links over to this article at NBC which is complete garbage.  The article quotes the opinion of the court:

The protection of the Second Amendment — whatever the scope of that protection may be — simply does not extend to the carrying of concealed firearms in public by members of the general public.

What neither NBC or Mom’s note is that this is EXACTLY THE OPPOSITE conclusion that the 7th Circuit came to in Moore v. Madigan which forced Illinois to adopt concealed carry.  This was also the stance taken by DC District Court Judge Richard Leon when he struck down the “good cause” requirements for DC’s CCW permit.  Even the 4th Circuit Court came to the conclusion that “good cause” requirements were burdensome to the Constitution in Woollard v. Gallagher in a challenge against Maryland’s may issue requirements.  Although the 4th Circuit upheld the requirement because gun control passed intermediate scrutiny and a substantial government interest.

The article also fails to note that the 9th Circuit is the most reversed appeals court in the nation with nearly three-fourths of its decisions being reversed or returned on review.

According to The New York Times, the 9th Circuit is so liberal that:

“Judge Carlos T. Bea, another Bush appointee, said: “The Supreme Court is still slapping it down when the Ninth Circuit drifts too far left. And not slapping down 5 to 4, slapping it down 9 to 0’s and 8 to 1’s” — suggesting that those cases show that even the more liberal wing of the Supreme Court disagrees with his colleagues’ reasoning.

Which says to me that when the 9th Circuit makes a decision, 75% of the time, they are at least 88.8% wrong about it.

But sure, NBC and MDA are going to cry victory in support of an ultra left wing court deciding that the Constitution doesn’t protect a right the at least two other Appeals Courts and the DC district court says it does.

How very progressively statist of them.

I have never been more disappointed that SCOTUS didn’t take up Woollard when Scalia was still alive.  With the Courts of Appeals divided on the issue of the 2A and the right to carry – 4th and 7th for, 9th and DC against – SCOUTS is going to have to set the record straight.

We need a new Scalia on the court.

I don’t have a spare half a f*ck to give about who Trump is going to pick for his VP.  If he wants me to break my vow of Never Trump, he needs to release his list of SCOTUS nominees and they better be pretty damn conservative on Constitutional rights.

 

5 Replies to “On Mom’s and the law”

  1. On the surface, it appears that the 14th Amendment, Due Process clause would apply, and subsequently overturn this decision.

    If it was the justification for forcing communities to issue marriage licenses to gay couples, even though they did not fit that community’s legal definition of marriage, there is no reason why it cannot be the justification for forcing communities to issue carry permits to people who do not fit their definition of “need.”

    But, hey! What do I know.




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    1. From his website, almost a month ago, Mr. Trump provided eleven names as potential Supreme Court nominees.

      Steven Colloton
      Allison Eid
      Raymond Gruender
      Thomas Hardiman
      Raymond Kethledge
      Joan Larsen
      Thomas Lee
      William Pryor
      David Stras
      Diane Sykes
      Don Willett

      Steven Colloton of Iowa is a judge of the U.S. Court of Appeals for the Eighth Circuit, a position he has held since President George W. Bush appointed him in 2003. Judge Colloton has a résumé that also includes distinguished service as the U.S. Attorney for the Southern District of Iowa, a Special Assistant to the Attorney General in the Justice Department’s Office of Legal Counsel, and a lecturer of law at the University of Iowa. He received his law degree from Yale, and he clerked for Chief Justice William Rehnquist. Judge Colloton is an Iowa native.

      Allison Eid of Colorado is an associate justice of the Colorado Supreme Court. Colorado Governor Bill Owens appointed her to the seat in 2006; she was later retained for a full term by the voters (with 75% of voters favoring retention). Prior to her judicial service, Justice Eid served as Colorado’s solicitor general and as a law professor at the University of Colorado. Justice Eid attended the University of Chicago Law School, and she clerked for Justice Clarence Thomas.

      Raymond Gruender of Missouri has been a judge of the U.S. Court of Appeals for the Eighth Circuit since his 2004 appointment by President George W. Bush. Judge Gruender, who sits in St. Louis, Missouri, has extensive prosecutorial experience, culminating with his time as the U.S. Attorney for the Eastern District of Missouri. Judge Gruender received a law degree and an M.B.A. from Washington University in St. Louis.

      Thomas Hardiman of Pennsylvania has been a judge of the U.S. Court of Appeals for the Third Circuit since 2007. Prior to serving as a circuit judge, he served as a judge of the U.S. District Court for the Western District of Pennsylvania since 2003. Before his judicial service, Judge Hardiman worked in private practice in Washington, D.C. and Pittsburgh. Judge Hardiman was the first in his family to attend college, graduating from Notre Dame.

      Raymond Kethledge of Michigan has been a judge of the U.S. Court of Appeals for the Sixth Circuit since 2008. Before his judicial service, Judge Kethledge served as judiciary counsel to Michigan Senator Spencer Abraham, worked as a partner in two law firms, and worked as an in-house counsel for the Ford Motor Company. Judge Kethledge obtained his law degree from the University of Michigan and clerked for Justice Anthony Kennedy.

      Joan Larsen of Michigan is an Associate Justice of the Michigan Supreme Court. Justice Larsen was a professor at the University of Michigan School of Law from 1998 until her appointment to the bench. In 2002, she temporarily left academia to work as an Assistant Attorney General in the Justice Department’s Office of Legal Counsel. Justice Larsen received her law degree from Northwestern and clerked for Justice Antonin Scalia.

      Thomas Lee of Utah has been an Associate Justice of the Utah Supreme Court since 2010. Beginning in 1997, he served on the faculty of Brigham Young University Law School, where he still teaches in an adjunct capacity. Justice Lee was Deputy Assistant Attorney General in the Justice Department’s Civil Division from 2004 to 2005. Justice Lee attended the University of Chicago Law School, and he clerked for Justice Clarence Thomas. Justice Lee is also the son of former U.S. Solicitor General Rex Lee and the brother of current U.S. Senator Mike Lee.

      William H. Pryor, Jr. of Alabama is a judge of the U.S. Court of Appeals for the Eleventh Circuit. He has served on the court since 2004. Judge Pryor became the Alabama Attorney General in 1997 upon Jeff Sessions’ election to the U.S. Senate. Judge Pryor was then elected in his own right in 1998 and reelected in 2002. In 2013, Judge Pryor was confirmed to a term on the United States Sentencing Commission. Judge Pryor received his law degree from Tulane, and he clerked for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.

      David Stras of Minnesota has been an Associate Justice of the Minnesota Supreme Court since 2010. After his initial appointment, he was elected to a six-year term in 2012. Prior to his judicial service, Judge Stras worked as a legal academic at the University of Minnesota Law School. In his time there, he wrote extensively about the function and structure of the judiciary. Justice Stras received his law degree and an M.B.A. from the University of Kansas. He clerked for Justice Clarence Thomas.

      Diane Sykes of Wisconsin has served as a judge of the U.S. Court of Appeals for the Seventh Circuit since 2004. Prior to her federal appointment, Judge Sykes had been a Justice of the Wisconsin Supreme Court since 1999 and a Wisconsin trial court judge of both civil and criminal matters before that. Judge Sykes received her law degree from Marquette.

      Don Willett of Texas has been a Justice of the Texas Supreme Court since 2005. He was initially appointed by Governor Rick Perry and has been reelected by the voters twice. Prior to his judicial service, Judge Willett worked as a senior fellow at the Texas Public Policy Foundation, as an advisor in George W. Bush’s gubernatorial and presidential administrations, as Deputy Assistant Attorney General in the Justice Department’s Office of Legal Policy, and as a Deputy Attorney General under then-Texas Attorney General Greg Abbott. Justice Willett received his law degree and a master’s degree from Duke.

      Current events in California make it clear that this election is important. I am willing to see what Trump might do compared to what Clinton will do.




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  2. So by saying you’re “never trump” before being “never hillary” you are saying you’d rather have hillary than trump. If we get hillary it’ll be because of twats like you pouting at home, so because he’s not as conservative as you lIke you’d rather not vote and get someone OPENLY ANTI 2ND THAT WE KNOW WILL STACK ANTI FREEDOM JUDGES




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