Trump's Legacy Cemented As Second Amendment Cases Flood SCOTUS Since Barrett Confirmation

Written By BlabberBuzz | Tuesday, 08 December 2020 14:50

The U.S. Supreme Court has drawn many lawsuits from pro-gun rights activists since Justice Amy Coney Barrett was confirmed.

Adam Winkler, a professor at the University of California Los Angeles School of Law whose specialty is in constitutional law, gun policy, and the Supreme Court, remarked that "You can't imagine a more favorable judicial environment than what we have right now.”

He added, "You have the lower courts that feature a large number of Trump-appointed judges. Many of those judges seem likely to support strong gun rights and weaken gun control. And the Supreme Court's conservative majority has been strengthened. And Amy Coney Barrett, in particular, has taken a strong stand on Second Amendment issues as a lower court judge."

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The National Rifle Association, Second Amendment Foundation, Firearms Policy Coalition, and other collections have all filed federal cases doubting strict gun laws in many states and expecting to increase the protections offered by the Second Amendment.

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"We started this process and planning as soon as Trump nominated [Barrett]," said Alan Gottlieb, founder of the Second Amendment Foundation. "And, of course, as soon as she was confirmed, we started ramping it up to make it happen."

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The Free Beacon remarks that the foundation has filed roughly half a dozen cases with the court in the last few weeks.

"The lawsuits you're seeing are part of a long-term strategic litigation," added Adam Kraut, the director of legal strategy for the Firearms Policy Coalition. "The confirmation of Justice Barrett, who seemingly would provide a fair analysis, is something that was part of the analysis that went into the timing of it."

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One Amendment case decided last week by the federal appeals court in Philadelphia is an encouraging candidate for Supreme Court review, not least because it presents an issue on which Justice Barrett has previously taken a stand.

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It bothers for instance Lisa M Folajtar, who would like to purchase a gun. But she is a felon, having pleaded guilty to tax evasion, which means under federal law she may not own firearms.

She sued, claiming that the law broke her Second Amendment rights. A divided three-judge panel of appeals court denied her challenge, saying that performing a serious crime has consequences. It can lead to missing the right to vote, to serve on a jury - or to have a gun.

“The right to keep and bear arms is analogous to other civic rights that have historically been subject to forfeiture by individuals convicted of crimes, including the right to vote, the right to serve on a jury and the right to hold public office,” lawyers for Attorney General William Barr told the appeals court.

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