SAF’s Gottlieb on SCOTUS’s Refusal to Hear Second Amendment Cases

scotus

Courtesy Jeff Hulbert

From Alan Gottlieb:

The Supreme Court’s refusal to take a Second Amendment Foundation case falls squarely at the feet of Chief Justice John Roberts.

He owes every gun owner in the United States an explanation about why the high court declined to hear a number of important Second Amendment cases.

Given the fact that the Supreme Court had a cafeteria-style menu of cases from which to choose, there is no excuse why the court at this time chose to ignore the need to rule on any of these cases, and send a message to lower courts that they can no longer thumb their noses at the Heller and McDonald Supreme Court decisions affirming the right to keep and bear arms.

There is still one more case pending cert before the high court that was filed by the SAF. It is known as Rodriguez v. San Jose, a firearms confiscation case out of the State of California.”

Here’s the Justia summary of the Rodriguez case:

The Ninth Circuit affirmed the district court’s grant of summary judgment for defendants in an action brought by husband and wife, alleging civil rights violations. Plaintiffs’ claims stemmed from the police seizure of firearms from their residence after detaining husband for a mental health evaluation in response to a 911 call.

The panel held that that wife’s Second Amendment claim was barred by issue preclusion under California law, because the California Court of Appeal had considered and rejected a Second Amendment argument identical to this one.

The panel also held that the warrantless seizure of the guns did not violate the Fourth Amendment where the officers had probable cause to detain involuntarily an individual experiencing an acute mental health episode and to send the individual for evaluation, they expected the individual would have access to firearms and present a serious public safety threat if he returned to the home, and they did not know how quickly the individual might return.

In this case, the urgency of a significant public safety interest was sufficient to outweigh the significant privacy interest in personal property kept in the home, and a warrant was not required.

 

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

comments

  1. avatar Jmac says:

    Many elements in higher governmental and legal institutions in this country vie for their power status quo and consent from the mob. Nothing more, just instead of the mobs taking to the streets with pitchforks (although this is seeming to change), its with keyboards on social media. Akin to late roman emperors being elected based on how circus games and how plentiful their free bread was.

    1. avatar strych9 says:

      “Akin to late roman emperors being elected based on how circus games and how plentiful their free bread was.”

      Wut? Roman Emporers weren’t elected. They inherited the position or took it by coup.

      Holy Roman Emporers were elected. Like 600+ years after the dissolution of the Roman Empire.

      “Bread and circuses” is shit from the 1st and 2nd Centuries AD in the Roman Empire, not the Holy Roman Empire centuries later.

    2. avatar Bart says:

      “Many elements in higher governmental and legal institutions in this country”
      … actually work for the oligarchs and not the American people.

      They don’t care about us, or the rule of law, and do not fear God.

      Also, that “many” should probably be “almost all”.

    3. avatar Cliff H says:

      This seems to be a very weak link in our Constitutional system when ONE MAN in a black robe (Chief Justice Roberts) has the sole power to decide if the SCOTUS will or will not hear and rule on something as fundamental as the Second Amendment.

      I doubt the Founding Fathers ever intended for anything as important as exercise of the fundamental rights enumerated in the Bill of Rights should be decided by the opinion of ONE unelected official.

      Based on this decision States can pass any draconian gun laws they please and so long as Roberts declines to grant cert it is all A-okay.

  2. avatar Madcapp says:

    Remember when you thought Trump and his cronies was going to allow you to buy silencers off the shelf at Wal-mart? Yeah, keep dreaming. Shoulda gone after SBRs instead, that’s the weak link of the NFA. You can’t justify a prohibition on SBRs in a society that allows pistol ownership. Shoulda got something instead of nothing.

    1. avatar strych9 says:

      Remember when I said that all “expansion” of gun rights was predicated on frying the large fish first and until then we were on the backburner?

      Anyone who thought you’d get major movement from a POTUS on the 2A early in a first term, or really in a first term at all, was fooling themself. Such a thing takes a lot of political capital up front and, really, has very little payoff down the road.

    2. avatar Jon in CO says:

      I would push for both. An easy argument is a small meme showing (actual data) of dB ratings for common NEIGHBORHOOD items, and the contrast between those and the silencers in question.

      SBR’s have absolutely no ground to stand on, with braces and pistols completely dominating the AR/AK market. Maybe we can get those and AOW’s removed, considering the original intent was to repel concealed carry of such items. With 10+Million people licensed to carry handguns, (which subsequently would allow those AR pistols, maybe slung under a coat, along with being 10%~ of the tax-paying public) it makes no difference or issue for having such. If the point was to prevent the carrying of AR-type weapons, SBR removal would also help the governments case.

    3. avatar CC says:

      Another a-hole making this about Trump. all this shows is you did not read the article from an expert citing one of the preeminent 2a supporting legal scholars as to what occurred. You just want to drive by with your very unformed drivel.

    4. avatar dookie says:

      Roberts is compromised. The 3 letter agency along with the deep state have enough sway and control of all the moving parts to keep “The Agenda” on track. 2A isn’t going to get any significant wins, especially so close to an election. there too great of a “perceived” chance that Biden (Dems) will win 2020. The deep state defo won allow Trump or his supporters anything right now. they’ll continue to sow discord and insurrection all they way to election and steal it with mail-in ballots. The liberal agents in the Media will help influence the normies that “orange man bad” and far-right boogoloo bois are americas problem while it swirls down the drain into socialism. Conservatives play by the rules while Liberals pay to win. Roberts is a scum bag. RBG should have retired (would have if Hillary was elected), Elana Kagan has no business in SCOTUS (personal friend to Obummer). the whole thing is disgusting…

  3. avatar 9x39 says:

    Is it bad that my mind initially parsed “in response to a 911 call.” as “in response to a 1911 call”. 😀

    Otherwise concerning SCOTUS’s disposition towards these cases, you may refer to me as ye of little faith.

  4. avatar Chris T in KY says:

    The “gun community” lost the argument. When they quit fighting for 2A education and rifle teams in the public schools.
    Now the general public believes guns are for hunting. Including the courts. The Old men with 6 or 7 gun safes and their granddad’s shotgun will all eventually die off. The Left is very patient and can wait for that to happen.
    I don’t look forward to that day.

    1. avatar KenW says:

      I’m doing my part to slow it down. Son in Laws presents are always ammo and bought my daughter a gift certificate at the LGS for a LCP when they were thinking of getting her one. Since he admires my little Sig might have to get him a gift certificate at the LGS for a P938 for his birthday. Grandchild will get a crickett when she is old enough. Daughter never was interested when younger but now that her hubby is into guns she is a little more interested.

      Of course when I croak he can have all the guns as my wife never was interested in them. She does want me to carry one at times but never wanted one for herself.

      1. avatar neiowa says:

        My standard wedding gift is 2x loaded 30rd Magpul (5.56mm). – 1st responsibility of the husband being the defense of the family, home, community.

        1. avatar Chris T in KY says:

          Sounds like you have a long term plan. Great!
          (smile)

      2. avatar Chris T in KY says:

        That’s the best you can do. Take care of your family first. I have done the same with my daughter. It took awhile but at 33 She now loves guns!!
        (smile)

    2. avatar CC says:

      Chris you are spot on.This allows a convergence between the fudds, who are often not even fudds, but straight out Democrats anti-2A activists, and the mantra: “who needs 30 rounds to kill a deer.”

      Like 92% of gun owners I dont hunt with a gun, and frankly I understand enough about US law to know any jurisdiction, with a scant 51% vote, can completely ban hunting of every kind, and there is no Second amendment response to that ban.

      1. avatar Chris T in KY says:

        These riots and the willingness of the democrat city leadership to order the cops to stand down. Is teaching the country that you are on your own. I wonder what these cities will do when, not if, but when the trucks stop making deliveries to cities??? Who have no reliable police protection.
        Your going to make a delivery to a city with no police??? Can you say HIjack?
        Damaged Walmart and Target stores have permanently closed. More will follow.

        “Many Truckers Will Avoid Cities that Defund the Police” 6 minutes long

        1. avatar Anymouse says:

          Does the name Reginald Denny ring a bell? The video may mention him, but I have better things to do with 6 minutes than watch it.

  5. avatar Dennis says:

    Perhaps if we we made the case about LGBT gun owners, Roberts would be more inclined to hear it!

    1. avatar Chris T in KY says:

      You are closer to the solution than you think. Alan Gottlieb has publicly said the courts are more willing to grant 2A rights to foreigners here. But not to american citizens. He said they are more willing to consider minority rights than rights FOR everyone. And it seems very racist on the part of the courts to me. With the exception of judge Thomas. Who has wanted to hear nearly every 2A case. The others don’t seem to interested.

      I have yet to see an alternative lifestyle person take an interest in any 2A case. If they are interested. Their rights are being violated, just like everyone else.

    2. avatar Geoff "Guns. LOTS of guns..." PR says:

      “Perhaps if we we made the case about LGBT gun owners, Roberts would be more inclined to hear it!”

      Now, that’s… an interesting idea…

      Is there any history of an LGBT person being denied a carry permit, and then ended up being killed?

      Oh, the mileage we could get for that!

      Let ’em try and spin :

      “An LGBT was denied a right to self-defense and it ended up getting them murdered. I thought the Progressives are supposed to be the ones who protect the rights of the LGBT population, not making them a target to be killed.”

      Some refinement, and it could be some powerful mojo… 🙂

  6. avatar Sam I Am says:

    Gasp! Gasp! (stagger around), “Did you hear that, Elizabeth? I’m coming to see you.”

    1. avatar Rad Man says:

      Until I was 10 I thought my name was Dummy Sanford.

      1. avatar Sam I Am says:

        “Until I was 10 I thought my name was Dummy Sanford.”

        That’s funny.

        Demond Wilson was asked in an interview how he came to have the name “Demond”. He said that when his dad informed his mother that Demond was to be named “Desmond”, his mother told his father, “Get the S- – -out.”

      2. avatar jwm says:

        I thought I was the son of god. Jesus Christ was the normal start of my name back then.

        1. avatar Art out West says:

          Is your real name Bill Cosby and your brother named “damn it”?

          It seems like I remember Cosby having a comedy routine based on that concept several decades ago.

        2. avatar Rad Man says:

          Bill was Jesus Christ and his brother Russel was Dammit. That’s what their Dad called them when he was angry.

    2. avatar Chris T in KY says:

      (smile)

  7. avatar former water walker says:

    And all I get is “we’re on our own!” I’m my own 1st responder. I expect nothing good from .gov…

    1. avatar Art out West says:

      I’m learning to expect the gov to stab us in the back at every turn. That is what evil people do.

  8. avatar Chief Censor says:

    Don’t worry, guys. When all the judges are replaced with pro Bill of Rights judges they will take a case to help the people become empowered against the government. We just need anti government, pro human rights, judges to fill all the positions then we win. If we elect Trump for a fourth term it will happen, trust me on that.

    1. avatar Green Mtn. Boy says:

      That was also the best reason to elect Trump in his first election.

      1. avatar The Olympic Snorch says:

        Woosh

    2. avatar Dave says:

      Which such Trump judges, though? There’s a big difference between a sensible Neil Gorsuch and a bootlicking Amul Thapar or rogue Brett Kavanaugh.

      We’re pretty badly fucked. If our culture overall valued the BoR, we might get through ok in the longer term. Not so sure about the current situation.

      1. avatar Phil Wilson says:

        If we fall to collectivist authoritarianism, there will be no excuses. The left has completely dropped the mask.

  9. avatar Green Mtn. Boy says:

    Leftist C J Roberts first duty is to something else other than to his sworn oath of the Constitution,Americans rights and liberties will suffer until he is removed or replaced.

  10. avatar Phil Wilson says:

    Roberts at least is very much like an establishment Republican, similar to the guy he nominated. He might talk about the rights of citizens sometimes. And he’s better than a leftist. But when it comes time to chose a side, he’ll usually side with government against the people, Constitution be damned. Authoritarian light.

    1. avatar CC says:

      Roberts seeks cover for consistently voting pro-corporate, and showingcasing his “independence” and “centrism” by total failure to support the Second Amendment is perfect for his needs.

  11. avatar Robert Weigel says:

    The Supreme Court is worthless in today’s society. The States, Governors, Mayor’s, and Attorney Generals all do what they damn well please anyway. Why even have a Supreme Court. No one follows their rulings anyway.

    1. avatar TheBSonTTAG says:

      It goes beyond that, look at how out of control other aspects of Governement are. As much as many of you complain about the Anti Police movement they need to be reigned in more than anything else right now.

      The Founders clearly warned us about of of this but the majority of you would rather have big Government and a Police state.

    2. avatar Umm . . . says:

      No one follows their rulings interpreting the Constitution based on what it actually says.

      Everyone, unfortunately, follows their rulings setting forth “Constitutional” principles they made up.

    3. avatar Umm . . . says:

      Nobody follows the Court’s rulings where they interpret the Constitution as written.

      Unfortunately, everyone follows their rulings of “constitutional” principles they made up.

      1. avatar Umm . . . says:

        Sorry – not sure how that happened

  12. avatar Matt in Oklahoma says:

    Y’all actually thought there was going to be a hearing!?! Guess y’all are the same ones waiting in the hearing protection act too. SCROTUS doesn’t hear 2A cases and if they do then they don’t make decisions.
    There isn’t anything else.

    1. avatar guest says:

      Heller.

    2. avatar CC says:

      Did you forget Heller? without it the states that are currenlty may issue would probably have already banned handguns for home. California, NY, NJ, Conn, Maryland et al are not most states but they have a heck of a big chunk of the US population in them.

    3. avatar Matt in Oklahoma says:

      Great job y’all remember one.
      One

      1. avatar Geoff "Guns. LOTS of guns..." PR says:

        MacDonald, from Chicago.

        That ensured ‘Heller’ would be nation-wide…

  13. avatar Mainer Ex-Cop says:

    Roberts long ago defected to the left. He should be ashamed. They are supposed to uphold the Constitution, not try to win popularity contests.

  14. avatar 007 says:

    John Roberts probably was caught with child porn, that may explain everything since 2012.

  15. avatar Dale Menard says:

    Roberts knows exactly what he is doing.

    1. avatar Sam I Am says:

      “Roberts knows exactly what he is doing.”

      Everyone seems to agree with that. But question what he is doing.

  16. avatar Mike Stovall says:

    I think it is obvious why Roberts didn’t want a 2A case. They have the goods on him. Maybe he is in the Epstein files…

  17. avatar CC says:

    A few lone voices noted Roberts was telegraphing this with the NY-NRA case.

    FACT: The courts are almost entirely partisan on the Second Amendment. Yes Bush appointee Roberts put the knife in the Bill of Rights — but let’s not ignore we know how the other eight were going to rule on any of these, it that would have been 100% partisan. Four v four. When it comes to federal judges the exceptions are just that, exceptions that prove the rule of partisanship.

    if you care about the Second Amendment it is all about elections since this is demonstrably a partisan issue, with court appointments directly affected by your vote and financial support in elections for the Presidency, governors, US House and Senate and state level legislators.

    As far as the courts, it is simple — it is about your vote. If Trump gets to replace Ginsburg, which we know will almost certainly require a second Trump term, we likely will get strict scrutiny, shall issue as the law of the land, and probably protection for AR-15 and protection for magazines over 10 rounds. If Biden wins we will see Ginsburg replaced by a very young Ginsburg clone and probably will see Thomas replaced by a Ginsburg clone as well.

    If you live in a purple (contested) state work like heck to support the GOP. If your state is firmly blue or red, find the purple congressional or state legislature districts in your state that are purple and work for the GOP on one or more of those contested campaigns — and or give money.

    What Roberts and four left judged just did was signal open season on the Second Amendment. Roberts expects both semi auto rifle ban and mag cap ban to win in Congress after the election. This will not be grandfathered or sunsetted. You should expect it too. If you sit at home grousing that ‘both parties are the same’ you are COMPLICIT. If you simply say ” shall not be infringed” and do nothing to make sure it is not, or reduce the amount that it is infringed, you are also complicit and a fool.

    And there are tens of millions of gun owners right now in Dem run or slowly turning into Dem run states that don’t have draconian gun control and bans. You may think you are ok, but you are not.

  18. avatar Darkman says:

    They deny cert because they know the firearms community is at heart, Cowards. None of them have the courage to act beyond pissing and whining from behind a keyboard. Say what you will about the BLM movement along with antifa. At least they have the courage to act and they are getting everything they want. Sad Times. When the Citizenry fears the consequences of fighting for their Freedoms/Rights…More than they fear the loss of Their Freedoms/Rights.

  19. avatar Hannibal says:

    The GOP held every branch of government in 2016.

    Ask yourself- are you better off now in terms of gun laws\rulings than you were in 2015?

    Not “well, we’re better off than with Hillary…” because that’s the nonsense they’ve been selling you for decades. Are you better off now than you were before?

    I count zero federal victories and one own-goal loss (bump stocks).

  20. avatar Ginder12 says:

    Well you just never know. The Supreme Court just ruled that LGBTF
    Q folks are protected under the civil rights act. Dumpsters nominee Gorsuch wrote the opinion. Dumpsters head is exploding as we speak.

  21. avatar neiowa says:

    Levin had a good discussion today (find the podcast). Made a good argument that the 4 decisions today mark the biggest/far reaching day in supreme court history since the Roe BS of 1973. Massive private litigation and state/local gov overreach to come.

  22. avatar Ralph says:

    Roberts’ Motto: “What’s the point in having power if you can’t abuse it?”

  23. avatar Dyspeptic Gunsmith says:

    In other news today, the SCOTUS basically outlawed naturally born females, religion and medical evidence.

    1. avatar Geoff "Guns. LOTS of guns..." PR says:

      Yeah, that one is going to hit in ways no one could have predicted…

  24. avatar Debbie W. says:

    Judge Roberts is a turd in the punch bowl. To get appointed he pretended to be someone he is not. Waiting on the USSC is worse than waiting for paint to dry. These cases are no brainers and a little common sense is all it takes for a ruling especially on a Right That Cannot Be Infringed.
    So to you judge Roberts…you are there solely to protect and defend constitutional rights…do your damn job or resign.

  25. avatar The Olympic Snorch says:

    Placing your hopes in the SC was doomed to fail. There was no reason to think it would work, history and reason proved otherwise, you orange kool-aid drinkers were all just being tools.

    It’s taken 4 years to play out, 4 years for empirical proof that a miracle wasn’t going to happen. 4 years is well outside your attention spans. It’s plenty of time to reimagine history and find new false hopes, that will inevitably involve voting the same way you always have. It’s a big enough span of time, that one only has to repeat the act a dozen or so times in the course of an adult lifetime. Nothing will be learned, so you remain leaves on a stream of events dictated by your betters. Congrats. MAGA, Praise Kek

    1. avatar Sam I Am says:

      “It’s taken 4 years to play out, 4 years for empirical proof that a miracle wasn’t going to happen.”

      I, for one, completely agree. Better to do nothing at all. Talking about rights, any right, only makes it a target for distortion, or removal. Taking cases to the SC only plays to the vanity of the “Supremes”, allowing them more opportunity to make themselves feel good. And for voting, that is so 1800s.

      I am tired of thinking for myself. Government should manage my everyday affairs such that I consult a national website, find out the rules for the day, and spend my time binging on Twitsville, Faceplant and Instagranny.

      Politics for the politicians !! Free stuff for the people !!

      1. avatar The Olympic Snorch says:

        You sound like you got participation trophies growing up.

        1. avatar Sam I Am says:

          “You sound like you got participation trophies growing up.”

          Read the comment, again, perhaps more slowly.

        2. avatar Sam I Am says:

          “You sound like you got participation trophies growing up.”

          Not to divert you from the actual intent of my comment (read it slowly), one could say I did get five participation trophies in my life. They were called “Longevity Ribbon”, one for successfully completing four years of service. Five ribbons equaled a career making one eligible to retire.

          In one combat squadron where I served, there was, on the wall of the squadron ready room, a large poster of all the awards and decorations that could possibly be earned by any servicemember. Depending on your orientation, the display of all the ribbons and medals was built up from the least to the highest award. On the other hand, one could think of the display as starting at the top with the highest award, and building the pyramid down. Either way, at the top of the chart was the medal of honor, except…

          Someone had taken a Longevity Ribbon, and nailed it above the MOH. The meaning was clear, and attention getting.

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