A recent video from Mark Smith at The Four Boxes Diner on YouTube sheds a lot of light on a recent filing with the Supreme Court. While it’s not very likely that the Supreme Court will go for it, I’ll argue that it should, because it would put an end to increasing lawlessness in the lower courts.
But first, let’s take a look at the video so you can see what the overall situation is:
In short, the Fourth Circuit is playing games. When they realized that a smaller panel was going to produce a pro-gun outcome, the court unilaterally went for an en banc review that would put more anti-gun justices on the case. So, in other words, the court stacked itself for political purposes. In response to this, the plaintiffs (a group of gun rights organizations) decided to ask the Supreme Court to go ahead and have a look at the case early.
As you might expect, the Supremes don’t really like getting involved that early in the process. They’d rather give the lower courts a chance to review the case and get it right, and then only step in if they got something really wrong or if there’s a “circuit split” where lower courts rule differently from each other and make for a big inconsistency.
But, this case is pretty different. Not only has the Fourth Circuit played a stupid game that may merit early Supreme Court review, but many other lower courts have been playing other stupid games after the NYSRPA v Bruen case. Rather than respect the 2022 ruling that put gun rights back on even footing with other rights, like those listed in the First Amendment, lower courts dominated by anti-gun judges have been playing every game they can to produce bad rulings, delay decisions, and otherwise engage in lawfare.
Probably the most egregious example was a recent ruling out of Hawaii’s state supreme court, which took the insane position that the “Aloha Spirit” and Pre-U.S. Kingdom of Hawaii law trumps U.S. Supreme Court decisions, which they claim were decided wrong. Basically, Hawaii’s top state court flew the top U.S. court the bird.
So, the plaintiffs in this most recent case are pushing the Supreme Court to act and start telling the lower courts that they’d better get back to enforcing the rule of law and not playing legal games to achieve unlawful outcomes.
Why The Supreme Court Really Should Take This
As Mark Smith points out, these sorts of pre-decision filings are not typically taken. But, this is a very unusual situation, where there’s widespread lawlessness in the lower courts that has become increasingly blatant.
By signaling to lower courts that the Supreme Court is willing to review cases early and force lower courts to do the right thing, the situation can be resolved, and fast. This would likely put an end to the judicial coup that’s going on, but if it doesn’t, the Supreme Court can keep taking cases and issuing quick decisions until they knock it off, straighten up, and fly right.