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The unauthorized leak of a draft abortion opinion from the U.S. Supreme Court has Democrats up in arms (again) about packing the U.S. Supreme Court. This isn’t a new argument and one gun control advocates publicly pitched before.

Senators are openly calling for court-packing again and that’s before the Supreme Court has rendered a final opinion on New York State Rifle & Pistol Association v. Bruen or finalized the opinion of the leaked abortion draft decision. Even before the nine justices heard arguments on the New York case challenging the states arbitrary and restrictive “may issue” concealed carry permit criteria, there were calls for court-packing.

U.S. Sen. Sheldon Whitehouse (D-R.I.) filed an amicus brief in NYSRPA v. New York supporting restrictive gun control but took arguments beyond supporting the law with threats to upend the court’s structure. That case was ultimately declared “moot” by the Supreme Court after New York City altered the law to avoid the Court striking down the law.

“Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’ Particularly on the urgent issue of gun control, a nation desperately needs it to heal,” Sen. Whitehouse wrote.

Sen. Sheldon Whitehouse (D-RI)
Sen. Sheldon Whitehouse, D-R.I.(AP Photo/Mariam Zuhaib)

Senate Republican Leader Mitch McConnell (R-Ky.) led a 2019 letter excoriating court-packing threats and urged the justices to render opinions based on Constitutional interpretations, not public opinion polls. The letter was signed by 53 Republican senators.

“It’s one thing for politicians to peddle these ideas in Tweets or on the stump,” Sen. McConnell wrote. “But the Democrats’ amicus brief demonstrates that their court-packing plans are more than mere pandering. They are a direct, immediate threat to the independence of the judiciary and the rights of all Americans.”

It’s a fool’s errand to predict a Supreme Court ruling, but the justices’ questions offered insight that they appeared to be wary of New York’s subjective qualifications to obtain concealed carry permits. The decision will be the most significant on gun rights since the 2010 McDonald decision.

That’s got gun control groups acting like spoiled school children. They’re throwing fits. They too want to change the court’s structure. Several of these groups joined together for a discussion on how to change the rules and rig the system against law-abiding Americans and their God-given right to self-defense.

Concealing the Agenda

Igor Volsky, Executive Director of Guns Down America, Matt Post of March for Our Lives, Demand Justice’s Tamara Brummer and U.S. Rep. Mondaire Jones (D-N.Y.) joined together for a closed-door discussion about their desire to pack the Supreme Court. They want more gun control-friendly justices that would legislate from the bench to restrict rights. The webinar was closed to the public, forcing any tuning in to register their personal information ahead of time. There is no public video of the discussion anywhere.

Brummer believes the Supreme Court has, “always been a political battleground, and now liberals need to push for more seats that will protect progressive policy advancements,” like restrictive gun control. Matt Post exclaimed from the National Mall, “Their right to own an assault rifle does not outweigh our right to live.” True assault rifles, or automatic weapons used by the military, have been severely restricted for civilian ownership since 1934 and haven’t been commercially made or sold since 1986.

Volsky is an ardent gun control supporter. He’s not only affiliated with Guns Down America but is also vice president of the far-left think tank Center for American Progress. He fired off a Twitter meltdown when U.S. District Court Judge Roger Benitez struck down California’s 30-year-old ban on Modern Sporting Rifles (MSRs) in his ruling on Miller v. Bonta last year.


Rep. Jones has never met a gun control proposal he didn’t like. He so strongly supports court-packing that he’s introduced legislation, along with fellow gun control Reps. Jerrold Nadler (D-N.Y.), Hank Johnson (D-Ga.) and Sen. Edward Markey (D-Mass.), to expand the court in order to pack it.


“To restore power to the people, we must expand the Supreme Court,” Rep. Jones said. He must’ve forgotten the people elected the president who nominated justices on the current court, including the previous two Democratic presidents who filled vacancies. That doesn’t include the Highest Court’s newest justice, Judge Ketanji Brown Jackson, who was recently nominated by President Joe Biden and confirmed by the U.S. Senate and will be seated later this summer once Justice Stephen Breyer formally retires from the bench.

Voting and Buying

These groups and elected officials aren’t just ignoring their oath to defend the Constitution, they’re ignoring their obligation to represent “We the People.” More than 40 million firearms were purchased in 2020 and 2021, including more than 14 million by first-time buyers. The firearm buying boom has meant 33 months straight of 1 million or more guns purchased. This includes historic numbers of minorities and more than 40 percent of first-time gun-buyers were women who feel empowered by taking up their Second Amendment rights.

Poll after poll shows Americans reject restrictions on their right to own a gun, including historic low levels of support for more gun control. It’s why federal legislation, including Rep. Jones’s court-packing gun control bill, has largely stalled and President Joe Biden is drawing the ire of gun control groups disappointed with his failure to accomplish more. It’s why his first nominee for Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), David Chipman, failed to earn even the support of Democrats in the U.S. Senate and had his nomination withdrawn. 


Volsky’s gun control court-packing expansion discussion demonstrated why their effort is a failing one. Preaching to the gun control choir won’t do anything to make neighborhoods safer or stop criminals from committing their crimes.

Democratic President Barack Obama famously stated, “Elections have consequences.” The rules are the same for everyone and presidents get to nominate justices to fill vacancies on the Supreme Court when they arise. Americans are embracing their Second Amendment rights by the millions and gun control groups are losing their argument. Because of that, they’re now clamoring to change the rules.

 

Larry Keane is SVP for Government and Public Affairs, Assistant Secretary and General Counsel of the National Shooting Sports Foundation.

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55 COMMENTS

  1. As a former Rhode Islander, I’d love to tell Sen. Sheldon Shitehouse what else he should pack and where he should pack it.

    • I visited West Warwick once on business for a few days. I’d put Rhode Island on the top of the list as the most unfriendly place I’ve ever been in the U.S. Nobody I encountered liked to talk with visitors.

      • And just you thought you could hate RI even more, I read where the state is going to impose higher taxes on those who refuse to get the COVID jab. Just one more reason not to live there, let alone visit the place. As the saying goes, “will the last one out shut the lights off”. As for packing the US Supreme Court, well, didn’t FDR want to do that during his tenure as “President”? You would think these Demon-Rats would have an original idea every now and then.

      • The Mansion tours are neat and there are some amazing restaurants and hotels……but unless you are going through Johnston (pleasantly normal) you will be in super liberal areas with a few conservatives mixed in with county club Republicans.

  2. We cannot allow the fascists to tantrum their way into dominance. I used to say a civil war in this country wasn’t possible. Then I said it was to terrible to contemplate.

    Now I think it may be the only hope for our future free of tyranny.

    • Yeah. I just don’t see how we can live with people whose beliefs are the polar opposite of ours.

      • Pirate,

        Everyone is allowed to go to hell their own way. As long as people leave me and mine the f*** alone, I don’t care what they think/believe/emote. It’s when they insist that I have to adopt THEIR particular fantasy that I get my back up.

        The pro-abort crowd used to trumpet “If you don’t believe in abortions, don’t get one!”, so I started put it back on them, “If you don’t like guns, don’t buy one!” They got very p***y about that.

        “Don’t start none, won’t be none.” The fascist Left can’t seem to get that concept through their thick skulls. IF they would let me be free to live my life my way? Good. Unfortunately, that’s MUCH too libertarian for these fascists; they must MAKE us conform. Good luck with that, chilluns . . . oh, and if you’re going to try to MAKE me conform? Y’all better pack a lunch, and bring plenty of friends. And don’t plan on having a good day.

        I could comfortably leave them alone, if they could just reciprocate. But they can’t, so I won’t. Something about sowing the wind?????

      • A republic requires a certain level of cultural homogeneity to function. If everyone mostly agrees on the big questions, then the democratic process is adequate to resolve minor disputes. But conflicts at the fundamental level can’t be decided by a 50%+1 vote.

        • “But conflicts at the fundamental level can’t be decided by a 50%+1 vote.”

          Yes, when someone declares their intention to exterminate you, believe them. When society has reached that point of development, here is no form of government that can facilitate a compromise solution.

  3. As a another former Rhode Islander, I can say that Sheldon Whitehouse entering a room would lower the average IQ in that room by double digits.

    • little faith,

      Used to be a comedian (can’t remember the name) who had one line I loved: “The U.S. Senate is living proof that there are at least two complete, total, booger-eatin’ morons in every state!” Sheldon MAY be the dumbest male Senator (I think Maizie Hirono has him beat), but . . . he’s MAYBE five or six IQ points below Schumer, Durbin, Mikulski, and Rubio. If brains were gunpowder, the entire U.S. Senate, collectively, couldn’t blow their nose.

  4. Again I say…….they told everyone what their goals were before the election!! Turns out that was the only time they ever kept their word!!

  5. Sounds like a bunch of insurrectionist speak to me.
    How did they acquire this magic power to be declared righteous in all things?
    They’re the party of the Klan, segregation, Japanese internment, censorship, the party behind the crime bill they claim to hate so much and whenever they don’t get their way they threaten to burn the country to the ground.

    And they’re still the “righteous” party. How does that happen? No PR firm is that good. Is it really as simple as blaming the other guys and promising to hand out free shit to degenerates?

    • “How does that happen?”

      They control the media and the culture. That’s why they freaked out over the possibility of unapproved free speech on twitter. So naturally, the authoritarians created their Department of Political Censorship, or whatever they’re calling it.

      They made it sound like the sky was falling every day under Trump. Remember how easy life was before St. Fauci and the Puppet took over?

  6. Court packing is a concept I will never understand. Dems in control, expand court to 12 to add 3 liberal justices. Gop in control, expand court to 15 to add 3 conservative justices. Dems in control, expand to 18, gop in control expand to 21. Rinse and repeat. It’s a game no one will ever win

    • Quite so.

      While neither party is good at it, the Democrats seem much worse than Repubs at seeing downstream consequences, though. As a group they seem to care much more about immediate gratification than long-term repercussions.

      Which explains quite a bit about their policies.

      • Short term consequences that are quickly forgotten by the electorate.
        I feel the Dems would gladly trade not being in power for 4-8 years for having stacked SCOTUS, eliminated the Filibuster, etc.

        • But if they eliminate the filibuster, and the Republicans are in power for 4-8 years, then it’s game over. Well it would be if they weren’t afraid to wield power. They’d rather just work for the lobbyists.

    • 1) Many Democrats are truly of the of the belief if they can get all of their cheating processes in place for elections then they will never lose the POTUS election again. Therefore no worry about Republicans packing the supreme court.

      and/or

      2) Democrats assume that the justice department is fully captured by the Deep State and will always be Leftist and will ruthlessly enforce Leftist SCOTUS decisions and ignore any Right leaning SCOTUS decisions if they should happen. With the way that the corrupted justice departement and the entire three-letter agencies has operated over the past couple decades and exhibiting a blatant favortism towards the Left this sounds like a pretty solid assumption by the Left.

  7. The democRat Party owns the legacy of slavery, segregation, Jim Crow, the kkk, lynching, Eugenics, Gun Control and other race based atrocities. The entire party needs to stfu, admit to liability and pay up long past due Monetary Reparations.

    The aforementioned won’t ever happen with placid azzhats like mitch mcconell who somehow manages to throw a few now and then marshmallows at the diabolical marxist Rat Party.

  8. The left reminds me of my children when they were very young. They would occasionally ask me something. If they didn’t like the answer, they would ask their mother hoping for a different answer. Guess how may times that worked.

  9. LOL … THEN LET THEM EAT CAKE … (poor bastards … they keep their nonsense up they’ll learn how other things get packed they never thought they would be forced to learn about).

  10. “Court Packing” has always been a “threat”. It is built into the Constitution, protected against by the theory of “selfish enlightenment”. When a political faction comes to believe they will hold power forever, there is no need to consider that political opponents will one day wield enough power to permit political “revenge”. This is the very thing that drove Senator Harry Reid to end the filibuster for federal judges below the SC.

    Reid intended that the filibuster also be ended for SC appointments. He miscalculated, and the Dims ignored and paid for it. They are banking on the history of legislation, where very little is actually repealed through future legislation. Thus, even if the opposition does come to “rule” one day, there is extremely little likelihood that the opposition will reverse “court packing”.

    • “Reid intended that the filibuster also be ended for SC appointments. He miscalculated, and the Dims ignored and paid for it.”

      They bought the lie that they would be in power forever, thanks to Obama and changing voter demographics. Where they really screwed up was thinking they had the rising Spanish-speaking vote locked up, and wouldn’t need the declining white middle-class voter ever again.

      Big. Mistake.

      It turns out that rising Spanish-speaking demographic wants racist things like being considered to be an American, instead of being an immigrant.

      Fools! I predict they will fail to learn that lesson again in November, and think it was another election anomality.

      Good… 🙂

  11. Packing the court was a bad idea when FDR wanted to do it, and it is a bad idea today. Funny how the issue only seems to come up when the possibility of the court ruling against the leftist agenda and their unconstitutional laws and regulations comes up. While I can’t say it hasn’t been discussed amongst the Republicans at some point, but it does look,like a bunch of children throwing a tantrum and going to the other parent when they don’t get what they want from the first one. With the Democrats, if they can’t get their way through bullying and forcing something through congress they want to get an activist court to allow their ridiculous crap to go through.

    • In Europe, the Great Depression was largely over by 1934. In the US, FDR’s general ignorance about economic realities dragged it out another 5 years, and it only ended in the US because of the War.

  12. Mitch McConnell is one of the biggest hypocrites and lying bastards in congress. He blocked Obamas nominee with the lame excuse it was improper during an election year and then turned right around and put in a Conservative judge and laughed his ass off about it.

    Moscow Mitch has always ranted about Federal tax money going to welfare when his state which is one of the poorest gets the most welfare money.

    Its now time for the Democrats to appoint at least 4 new radical far left socialist judges immediately.

    Impeachment of the current gang of 3 Nazi judges should be done immediately because they have ignored prior court rulings making a mockery of the Supreme Court by changing it into a political partisan body with no regard to the rule of prior law.

    • Cry a little more dacian. Authoritarian leftards were blocked from stacking the court with leftard nominees. Would you like some cheese with that whine?

      Impeachment of the SC justices may be your wettest dream, but it ain’t happening. Leftard Biden has let things go too long. He can’t stack the court before election now, and then it will be too late.

      Oh yeah – plan on losing your majority in both the House and Senate this year. Then your lameass lame duck Sleepy Creepy will be powerless.

        • “He, and his friends, are self destructing as fast as they can.”

          Yeah, but they can still do plenty of damage on the way down… 🙁

        • Geoff even in NY (well outside of NYC anyway) I don’t see the riot being a viable option again. Too many normal people (and weirdos that don’t like riots) bought guns after seeing their neighbors business get burned/looted. We did have some weirdo in all black try to steal a few rifles and shotguns from a Walmart……… honestly more surprised the Walmart had firearms at this point.

    • “Impeachment of the current gang of 3 Nazi judges should be done immediately because they have ignored prior court rulings making a mockery of the Supreme Court by changing it into a political partisan body with no regard to the rule of prior law.”

      The rule of prior law. I can’t seem to find that concept in the National Law Journal.

      But dacien has a point; I’m sure he would agree that we should immediately reinstate the precedent of Plessy V. Ferguson — it was settled law for 58 years, longer than the Roe decision. And then bring back the settled law precedent of Dred Scott v. Sandford. That’ll teach those lying Supreme Court justices!

      Oh, wait — you say that even lefty site Snopes declares that as “FALSE?”

      http://www.snopes.com/fact-check/lying-gop-roe-wade-supreme-court/

      • In reality Klingon the two court cases you mentioned were blatant rulings codifying discrimination and the rape of Constitutional rights. Giving rights only to white people was pure discrimination.

        The abortion ban is also a rape of Constitutional rights and that is the right to privacy something the Far Right is always screaming about except when they act like hypocrites on the abortion issue.

        • dacien —

          I’m perfectly aware of the nature of the cases.

          I’m just applying the standard that you set out in your post.

          The rule of prior law.

          “The abortion ban is also a rape of Constitutional rights … ”

          Show me where abortion is a “right” in the Constitution.
          Hint: You can’t.

        • dacian buddy, alien’s point was that just because there is a ruling doesn’t mean it’s a perfect ruling that is above all potential review, rebuke, and overturning.

          His listed rulings were terrible rulings that you immediately attacked as rulings that should be overturned. This quite easily proved that your concept of “regard to the rule of prior law” is a load of B.S.

          Your argument isn’t a standard you have about Supreme Court Rulings. They’re words you’ll say when it suits you and then forget you’ve said them one reply later when those words wouldn’t suit you.

          Also, anyone calling someone a Nazi has already proven they lack the intelligence to pose a reasonable argument. None of the Justices anywhere in our legal system have participated in the murder of millions of Jews. None have endorsed the Holocaust. You are a liar and a fool.

        • to Klingon

          quote————–Show me where abortion is a “right” in the Constitution.
          Hint: You can’t.————quote

          Once again Klingon you run off your mouth and make a complete fool of yourself. Below is a complete and lengthy run down of all the violations of the Constitution anti-abortion laws are.

          Constitutional Protection for the Right to Abortion: From Roe to Casey to Whole Woman’s Health

          https://www.reproductiverights.org/sites/crr.civicactions.net/files/documents/factsheets/Constitutional-Protection-for-the-Right-to-Abortion-Fact-Sheet2.pdf

        • dacien —

          Not interested in a biased pro-murder site.

          I challenged you to “show me where abortion is a “right” in the Constitution.”

          Here is your source material:
          constitutioncenter.org/interactive-constitution/full-text

          Show your work.

  13. Messing with a horde/legion/army of legal gun owner’s “may” be hazardous to your future well being. Keep pushing the titan…

    • In reality gun owners are not untied and never have been. During the big push by the government to ban assault rifles the majority of gun owners agreed with the government as well as Republican Pres. Reagan when he banned new sales of machine guns or when silencers were put on the NFA restrictions. Your post is based not on history but on your own delusions about gun owners as a group.

      • “During the big push by the government to ban assault rifles the majority of gun owners agreed with the government”
        Ah yes the machine gun straw man because leftists never went beyond that right?
        ROFLMAO. Hilarious how you seem to forget what happened on the next Congressional elections after the ’94 AWB past. Hmm.. maybe you mean it’s massive victory margins on it’s ’04 renewl 🤔? Oh wait nope it died alone in the dark.

  14. Bloviating Hyperbole. They don’t have the votes necessary now and will have fewer after November 8th.

  15. Theres nothing supreme about the Supreme Court that I can see.
    Shall not be Infringed, whats that mean? It means we’re lawyers and lawyers find loopholes and we can infringe as we like.

  16. Pack away democrats?

    In a few short years, we’ll have the majority and we’ll “unpack” it, then, revisit every ruling that took place during the dark period of Liberal authoritarianism.

  17. Thank you very much for being ready to share your knowledge with us. Everything you accomplish here will be adored by us since you make my job so much simpler!
    infected days

  18. If anything would prompt a court-packing scheme, it will be this.

    Alternatively, precedent could simply become meaningless. Every time a new justice is seated, every case is potentially on the docket, no matter how ‘settled’.

    Roe may have been comparatively bad law but I worry would the fallout may be for Heller, etc.

    • This has nothing to do with precedent, and everything to do with bad law, as you called it. The court’s job is to interpret the law, not make it. Every honest person knows Roe v Wade was a pure political decision to accomplish what the legislature couldn’t. THAT’S the dangerous precedent you don’t want!

      • That they tried to push NY’s current abortion laws on the rest of the country with that last vote was horrific, Row vs Wade standards are substantially less permissive compared to NY (up to delivery with “mental distress” as an excuse)

  19. Sheldon keeps talking about it, for sure. If he can’t get it done with the current make of of the house, he won’t get it done

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