I see it all the time: people who believe the Second Amendment is an obvious, self-enforcing unmovable rock of American law. If you spend any time talking to gun owners, you will run into this. The basic idea that judges could simply interpret it out of the constitution is such an anathema to many people like this, they will often refuse to accept that it could happen.
In that vein, the 4th Circuit sitting en banc, in a 10-4 ruling deciding the fate of Maryland “assault weapons ban” have held that weapons that are “most useful in military service” are simply categorically unprotected. Because almost all modern firearms have a military pedigree, this interpretation would allow nearly any firearm to be banned.
The ruling was 10-4. Just let that sink in. That’s not even close. We have had to convince four additional judges to prevail here. A lot of people have done analysis of the ruling already, like Charles C.W. Cooke and John Richardson. What I want to do is look at a breakdown of the judges:
- Judge King wrote the majority opinion, and was appointed by President Clinton.
- Chief Judge Roger Gregory joined the opinion. He was recess appointed by Bill Clinton, but George W. Bush put him on the bench permanently.
- Judge Harvey Wilkinson wrote a concurring opinion. He will never sit on the Supreme Court so long as there’s any life left in the National Rifle Association. He is a “conservative” judge, but one who hates gun rights. He was appointed by President Reagan.
- Judge Motz was appointed by President Clinton.
- Barbara Milano Keenan was appointed by President Obama.
- James A. Wynn was appointed by President Obama. He joined Judge Wilkinson’s opinion.
- Henry Franklin Floyd was appointed by President Obama.
- Stephanie Thacker was appointed by President Obama
- Pamela Harris was appointed by President Obama
Joined in Part
- Albert Diaz was appointed by President Obama. He only joined the 2nd Amendment and 14th Amendment portions of the decision.
- William Byrd Traxler was appointed by President Clinton, and wrote the dissenting opinion.
- Paul Niemeyer was appointed by President George H.W. Bush
- Dennis Shedd was appointed by President George W. Bush
- G. Steven Agee was appointed by President George W. Bush
Boy I sure am glad we taught the GOPe and those assholes McCain and Romney a lesson they won’t ever forget! Even if George W Bush and Reagan hadn’t flubbed a few nominations, we still would have lost because the 4th circuit Court of Appeals is absolutely stacked to the gills with Obama and Clinton nominees. You know the old adage that only the Republicans get court picks wrong?
Today the majority holds that the Government can take semiautomatic rifles away from law-abiding American citizens. In South Carolina, North Carolina, Virginia, West Virginia and Maryland, the Government can now tell you that you cannot hunt with these rifles. The Government can tell you that you cannot shoot at targets with them. And, most importantly, the Government can tell you that you cannot use them to defend yourself and your family in your home. In concluding that the Second Amendment does not even apply, the majority has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms.
In addition, the majority holds that even if it is wrong when it says that the Second Amendment does not cover these commonplace rifles, Maryland can still lawfully forbid their purchase, even for self defense in one’s home-the core Second Amendment right. My friends do not believe this ruling impairs the rights citizens have under the Constitution to any significant degree. In my view, the burden imposed by the Maryland law is considerable and requires the application of strict scrutiny, as is customary when core values guaranteed by the Constitution are substantially affected. I recognize that after such a judicial review, the result could be that the Maryland law is constitutional. I make no predictions on that issue. I simply say that we are obligated by Supreme Court precedent and our own to treat incursions into our Second Amendment rights the same as we would restrictions on any other right guaranteed us by our Constitution.
Therefore I respectfully dissent.
Written by a Clinton Appointee. Sometimes they don’t get what they want out of a judge either.
39 Responses to “It’s Important to Understand Just How Hostile The Courts Are”
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