The Supreme Court has been looking for the right case to reaffirm the Second Amendment and it looks like they’ve found it. From Jonathan Turley at jonathanturley.org:
Below is my column in the Hill on the makings of a blockbuster case in New York State Rifle & Pistol Association Inc. v. Bruen, the first major gun rights case before the Supreme Court in ten years. Justices have been openly discussing a case to push back on lower courts that have been chipping away at its Second Amendment jurisprudence. They found that case with a strikingly familiar plaintiff.
Here is the column:
In the movie “True Grit,” federal marshal Rooster Cogburn is asked if the gun that he brandished at a crime scene was loaded. Cogburn, played by John Wayne, dryly responds, “A gun that’s unloaded and cocked ain’t good for nothing.” Something similar might be said of a Supreme Court docket, particularly when there is a Second Amendment case that could prove one of the most impactful decisions of the term.
The court will soon take up New York State Rifle & Pistol Association Inc. v. Bruen, more than a decade after its last major gun rights decision. The case promises to be a showdown between the Supreme Court and lower courts, which have been chipping away at the high court’s prior Second Amendment rulings.
In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Heller, recognizing the Second Amendment as encompassing an individual right to bear arms. Two years after Heller, in McDonald v. City of Chicago, the court ruled that this right applied against the states.
The new case concerns concealed-carry restrictions under N.Y. Penal Law § 400.00(2)(f) that require a showing of “proper cause.” Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.” The case presents a single short, direct question — whether New York’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.
The high court has been carefully waiting for just the right case to address states and cities that have sought to limit gun rights. Indeed, just this week, the court turned down a challenge of a Wisconsin law imposing a lifetime ban on gun ownership for former felons, including cases involving nonviolent crimes. That and other cases seemed tailor-made for Justice Amy Coney Barrett, who wrote a strong defense of the Second Amendment in a similar case as an appellate judge.