WILL IT TAKE CIVIL WAR FOR SCOTUS TO BE PRO 2A?
RIGHTS LOST INCREMENTALLY AS 2A CASES LOGJAM!
by Theresa Inacker for Black Wire Media 12-30-19 www.cnjfo.com/join-us
Why does it seem that liberal extremists are pursuing new infringements seemingly unchecked? Why do we have an escalated situation in Virginia where liberal politicians seek to further infringe the Second Amendment rights of its citizens, threatening imprisonment and even violence against Constitutional gun owners who have committed no crimes?
What ever happened to checks and balances?
Due to a failure of the courts to deal with a barrage of important Second Amendment cases over the last ten years, we are perilously off balance.
In the case of Marbury v. Madison, 5 US 137 (1803), the Supreme Court established the principle of judicial review. What is judicial review? Judicial review means that American courts have the power to overturn laws that violate the Constitution. This means that the judicial branch is effectively the firewall, as I like to call it, against unconstitutional infringements.
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In 2008, we had the epic Heller decision, and the subsequent McDonald decision in 2010, which applied Heller to the states. In more than 10 years since those decisions, we have seen a relentless encroachment on Second Amendment rights by extreme anti-rights fanatics. When will it ever END? When will the Supreme Court make it END? ---Theresa Inacker
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The response by Patriots to these infringements has been appropriate: seek redress using the three branches of government; specifically, file lawsuit after lawsuit begging the Judiciary to enforce Heller’s holdings on concepts like individual rights and common-use. Unfortunately, the Judiciary has repeatedly ignored these petitions for redress—a complete and dangerous failure to enforce the provisions enumerated in the Heller decision. The results have been a painful, unconstitutional existence for those of us in states like New Jersey, and most recently, it has brought Virginia to the edge of chaos.
The judicial hibernation, combined with the limitless funding of special interest groups like Sugar Daddy Bloomberg’s funding of Moms Demand Action and Everytown, has resulted in a highly explosive situation.
Since 2014, the Supreme Court of the United States has declined the opportunity to grant several petitions for Certiorari.
In 2014, the Court denied the petition in a New Jersey case asking the critical question of whether or not the Second Amendment applies outside the home . See Drake v. Filko, 724 F3d 426, (3D Circuit 2014) Writ of Certiorari was denied May 5, 2014.
On June 26, 2017, the petition for Certiorari was denied in Peruta v. San Diego, 824 F3d. 919 (9th Circuit 2016).
These denials have resulted in terrible consequences. These denials have provided liberal, anti-rights extremists an unfettered highway to infringement.
On the micro level, the repeated failure of the U.S. Supreme Court to act SWIFTLY in upholding the Second Amendment, the Court itself has placed citizens like New Jerseyians (who are automatically DENIED right to carry) in danger of criminal activity and terror, such as we saw in the Texas church situation yesterday. The failure to act has also placed us in danger on the macro level, such as in Virginia where the Governor is threatening to use the National Guard against his own people, and to jail those who have committed no crimes.
The Court must act soon, as Patriots have made it clear this is the end of the road. It is abundantly clear, despite a dearth of reporting by the mainstream media, that complete civilian disarmament is the end goal. Patriots will not allow them to succeed.
New Jersey has several cases in the pipeline where we are seeking to enforce the provisions outlined in the Heller case. There is currently the magazine ban case, ANJRPC versus Grewal, where obvious, patent issues about common use are at the forefront. That case is currently making its way from the 3rd Circuit. Additionally there are at least four cases pending before the Supreme Court involving the question of whether or not the Second Amendment applies outside the home. FOUR! A log-jam in you will: Cheeseman, New Jersey, Case 19-27, Rogers v New Jersey Case 18-824, Ciolek v. New Jersey Case 19-114, and Gould v. Massachusetts Case 18-1272.
And let us not forget NYSRPA v. New York City, Case 18-280 in which oral arguments have already been heard by the Court. Each and every one of these cases shows how reasonable constitutional gun owners have been in utilizing the judiciary to redress our grievances. It is now incumbent on the Court to wake from it’s slumber.
So long as the Court fails to act in any of these cases, extremists will remain “unchecked,” and will continue to infringe the rights of constitutional gun owners. The liberals are laser-focused on constitutional gun owners and will pursue civil disarmament until we are all plunged into chaos.
So long as those extremists go unchecked, we will be off balance. The only way to avert this Powder keg situation, is for the Supreme Court to act and to rule, unequivocally in favor of Second Amendment proponents.
This is not just rhetoric. There can be no compromises. This right is not negotiable. YOUR MOVE!
EDITOR'S NOTE:
Theresa Inacker is Communications Director here at the Coalition, offering our readers insight & expertise on all things SCOTUS related. Her timely & powerful Op-Ed's are razor-sharp, and cut out all the BS you have to endure from other sources. A true Patriot, she wears several hats.
As the NJ Ambassador of The DC Project, she's one of a group of 50 women---one from each state---that marches on Washington every July pounding on the doors of our elected Representatives & US Senators to inform them that women have the right of self defense and to choose the tools necessary to ensure it. These tools include standard capacity (30 ROUND) magazines (ANJRPC v NJ AG Grewal). Inacker will be forming a DC Project sub-group of female 2A patriots to march on Trenton, the NJ state capitol.
Inacker is an attorney, a Mom, a pheasant hunter, an AR-15 sporting rifle owner, a former Editor of the Seton Hall Constitutional Law Journal and has been admitted to the US Supreme Court Bar.
