If you’ve been following the Second Amendment case currently before the Supreme Court, there’s some marginally good news today. The case is New York State Rifle & Pistol Association v City of New York (see many of our posts on the case here).
The anti-gun left is so afraid of an adverse ruling in the case that the city of New York changed the law that is at the center of the case. The law prevents most pistol license holders in the city from transporting their firearms anywhere outside their homes other than seven shooting ranges within New York City.
Once the law was changed, the city’s attorneys filed a motion with the court to have the case declared moot. But the ploy was so transparent that — the thinking of those who know goes — the Court won’t give the city what it wants. If they allow a respondent like New York City to sidestep a case by changing the offending law, it sets a dangerous precedent that would allow other respondents to do the same. They could then reinstate the law once the Court kills their cases.
Last week, the Supreme Court held their “long conference” meeting at the beginning of their new term. One of the matters under consideration was the city’s mootness claim. This morning the Court announced that they’ve denied the city’s motion for now (bottom of page 10 here [PDF]).
But the question hasn’t been decided yet. They’ve decided to carry the question over. The Court will listen to both sides as to the merits of the city’s mootness claim, as well as those in the underlying case, on December 2 when the Court is scheduled to hear oral arguments.
New York State Rifle & Pistol Association v. New York has the potential for being as groundbreaking a decision for gun rights in this country as Heller or McDonald. For that reason, TTAG will have an attorney friend, LKB, at the Supreme Court on December 2 to hear the arguments and report on them here.
Will the city prevail in its naked attempt to kill the case? Will Roberts go wobbly and side with the four left-leaning judges and vote for mootness? Will the Court hear the case, apply strict scrutiny, and end the Second Amendment’s status as a second-class right?
Don’t touch that dial.