SUPREME COURT MAY BE MOVING AWAY FROM NRA POSITIONS RE GUNS

I consider the Justice Building Blog one of the finest on the internet. Published once or twice a week. I read it religiously.

The blog is written by someone at the Miami Courthouse. Generally right on re legal issues.

Guns the big news these days. Understandably so. The Justice Building Blog dealt with one phase of the issue in its 2/20/18 publication.

The blog reviewed Justice Clarence Thomas’ 14 page dissent in Sylvester v. Becerra, 583 U.S.__(2018).

The Supreme Court as a whole, except for Thomas, had decided to deny certiorari and not hear the appeal in the Sylvester case. Involved was California’s 10 day waiting period in order to purchase a firearm.

The appellant was a gun owner who already had a firearm and had been earlier approved during a 10 day waiting period for that firearm. Since he was purchasing a second firearm and had already been approved re the first, he felt it was wrong to apply the 10 day waiting period to him.

The Supreme Court, except for Thomas, opted to pass on the issue and not entertain it.

Thomas is considered an NRA supporter.

I do not hold Thomas in high esteem. I have always considered him inept. A mistake on the Court.

Thomas was upset because the Court would not hear and rule on the matter. He wrote a lengthy dissent. An educational one from my perspective. Brought to my attention facts I was unaware off.

The U.S. Supreme Court has not heard a gun case in almost 8 years. Thomas criticized the Court’s “continued direction in this area.” Meaning the Court has not wished to hear gun cases in almost 8 years.

Some other Thomas comments: “The right to keep and bear arms is apparently the Court’s constitutional orphan…..We have not heard argument in a Second Amendment case for nearly eight years…..And we have not clarified the standard for asserting Second Amendment claims for almost 10.”

He compared the Court’s failure as he viewed it comparable to not having heard in many years Third Amendment cases. The Third Amendment involves the prohibition against quartering of soldiers in homes. He also invoked the Eighteenth Amendment which prohibits the sale and manufacture of liquor.

I suspect the Supreme Court has avoided gun cases because it wants federal or state legislatures to move on the issue first.

Burt Bacharach was one of the premier song writers back when. In 1965, he published What The World Needs Now Is Love. Let the tune play through your mind.

The Justice Building Blog ended with a take on Bacharach’s tune. One printed with tongue in cheek I am sure: What The World Needs Now Are Guns, more guns…..not just for some, but for everyone.

A tough emotional day yesterday. I was glued to the TV set. Douglas High School children and others appearing in Tallahassee and Washington. The Washington group with the President.

Moving. The tears flowed freely on occasion.

I want to share some at random thoughts re what I observed.

Initially, I thought the Trump meeting was a political ploy and nothing more. He and the NRA are hand in hand. Turned out differently. I now suspect the President did it with sincerity and sorrow.

The high schoolers and some of the parents spoke with an eloquence even Shakespeare could not have composed. From the heart. Gut feelings. “My daughter is dead. Nine bullets in her body.” “My daughter killed from a bullet in her back which shattered her spine.”

The high schoolers most definitely a sleeping giant awakened. Beware NRA and those who blindly support the NRA for dollars.

The shooting itself the beginning of the end of the NRA.

My fear is Trump will not go far enough. Ban assault weapons should be the first issue up front. An AR-15 only good for two things. War and killing school children.

Trump’s thought that teachers should carry useless. Probably the NRA’s idea. Would sell more guns. What good is a pistol going to be against an AR-15?

Enough for today. No more soap boxing.

Last night Tavern ‘n Town for an early dinner. Then to the Chart Room to watch Syracuse/North Carolina. Syracuse lost 78-74. Came close to winning at the end. Had it all tied up with 1 1/2 minutes left. Blew three chances to win.

North Carolina the superior team. I was impressed that Syracuse came back at the end.

Have to hustle. A haircut with Lori at noon. A manicure with Tammy later in the afternoon. Glad I called Tammy for an appointment yesterday. She leaves on vacation tomorrow.

Enjoy your day!

21 comments on “SUPREME COURT MAY BE MOVING AWAY FROM NRA POSITIONS RE GUNS

  1. The Venezuelan Diet.
    CARACAS (Reuters) -“Venezuelans reported losing on average 11 kilograms (24 lbs) in body weight last year due to going hungry.”

  2. I bet that if you checked Venezuelan hospital records for the past year you would find that the basic health indicators like blood pressure and cholesterol numbers have improved, on the average. It happened in countries conquered and plundered by the Nazis in WW2. “It’s an ill wind that doesn’t blow somebody some good.”

  3. What good is a pistol going to be against an AR-15?

    Lou, based on your above statement I can presume you then agree Scot Peterson, the ARMED security resource officer at this high school was correct in not going into the high school to confront the shooter (I refuse to use the shooters name).
    He was armed only with only a pistol and based on your comment, the armed resource officer would not have been able to do anything to save the lives of these students!

    Please be more careful on comments like this! You and I both know this armed officer had the training and ability to neutralize the shooter and potentially save lives!

    • You seem to be making a lot of assumptions. Apparently Scot Peterson, the ARMED security resource officer at this high school, did NOT feel, in his expert opinion – that he would not, with all his training and ability, be able neutralize the shooter and potentially save lives! As such, he “a good guy with a gun” lived to face the challenge another day.

      I think I’d rely on Scot Peterson’s assessment of the situation, more than yours. As it turns out he may by doing what he did, actually limit the number of deaths, at least by one.

  4. Hard to predict what any individual will do in an actual live shooting combat situation, no matter how well trained. I read where, during ww2, hundreds of Marines committed suicide on Iwo Jima due to the intensity of the fighting and they are the best. It always looks easier in the movies.

  5. Four Broward Cty deputies were found to be outside the school hiding when Coral Springs police arrived who then entered the school and engaged the shooter.
    Now its been learned that several reports were made about the shooter to police agencies that apparently were ignored weeks/months before the shooting.
    Mother, doctors and police knew there was a potential problem with this person. That is a serious problem.

  6. Anonymous, please cite your source on “hundreds of marines committed suicide on Iwo Jima due to the intensity” While it is well documented of the Japanese commuting suicide versus being captured I have been unable to find anything to confirm the same regarding American troops.
    These marines got off their landing craft and fought! These marines were primarily armed with M1’s. An 8 shot Semi Automatic rifle (similar in caliber and stopping power the security resource offer at the high school had!) to go up against an enemy with machine guns!
    I think discussing the battle of Iwo Jima is way off topic, but please cite your source!

    And for the record Lou, one bullet from the pistol of the security resource officer has tremendous stopping power and is just as deadly as a bullet from an Armalite Rifle -15. That is what AR stands for NOT assault rifle!

    The officer and the numerous authorities who knew of this monster, did not do their jobs!
    The coach, the teacher and the ROTC student did what the situation called for. I just wish those hero teachers were given the option to be properly trained and to carry a gun!

    My 7th grade daughter attends a school that has a sentry gate and is secured by numerous armed guards at the gate and walking the campus. An unfortunate reality but necessary!

    While banning the Armalite-15 may make the anti gun faction feel good it won’t make a difference. The Virginia Tech shooter used a 22 caliber and a 9mm Glock handgun to tragically kill 30 people.

    To not properly arm and secure the schools is the definition of INSANITY!

    • Escalation (more guns) isn’t going to work. NO guns WILL work. Only in places where there are NO guns has there been any real success. Let’s START from THAT perspective and see what happens. Me having a bigger gun than you mentality, is THE insanity and in reality isn’t EVER going to work.

  7. NO guns WILL work.
    end quote

    Of course that would work. But, thats just plain pie in the sky stupidity.

    Guns will be had by those who want them, legally or not. Thats reality.

    Another law or another sign will not work. There once was an ‘assault rifle’ ban and we should remember how well that worked.

    Most people have no idea what an ‘assault rifle’ is. ‘Assault rifles’ are not legal. The civilian AR is not an ‘assault rifle’.

    The civilian version of the AR 10 or 15 [ Armalite ] platform is the most popular platform in the world for good reason. Its highly popular for target and sport shooting.

  8. Why not add texting while driving to the 2nd amendment as a fundamental American “right”? That would make about as much sense as allowing the AR15 military assault type rifle efficient human killing machine to be sold to the public.

  9. Pie in the sky? Maybe but no more so than the “solutions’ being otherwise suggested. Why is YOUR (that’s rhetorical comrade) “stupidity” more palatable than mine?

    And as far as the last ban on assault rifles goes, statistics show that gun massacres fell dramatically during the years (1994-2004) it was in effect (before and after). No, it didn’t solve it but it sure worked better than arming “good guys” ever has.

    Nuance about what makes one gun worse than another is nothing but a divergence similar to what one deadly virus is compared to another, most people don’t know that either – what’s your point.

    Poisonous snakes (et all) will always be had by those who want them too, except in far less quantities where they’re prohibited and unavailable. Same goes for anthrax, etc., etc., etc.

    We either make guns less available and wrong, or live woth the consequences. Arming NUNs isn’t going to be the solution (that too is rhetorical, Patric)

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