Second Amendment Silver Linings from the Midterms

Opinion

The Supreme Court as composed April 10, 2017, to July 31, 2018. Front row, left to right: Associate Justice Ruth Bader Ginsburg, Associate Justice Anthony M. Kennedy, Chief Justice John G. Roberts, Jr., Associate Justice Clarence Thomas, Associate Justice Stephen G. Breyer. Back row: Associate Justice Elena Kagan, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Neil M. Gorsuch. Credit: Franz Jantzen, Collection of the Supreme Court of the United States
The Supreme Court as composed April 10, 2017, to July 31, 2018.
Credit: Franz Jantzen, Collection of the Supreme Court of the United States

New York – -(AmmoLand.com)- We’ve looked at the bad news from 2018 a lot, especially given the loss of the House, which means that a nightmare will run the House Judiciary Committee for at least the next two years. But while there are some significant threats, there are also some big pieces of good news we can take from 2018.

One of the biggest silver linings is the control of the Senate not only stayed in GOP hands, but it has also increased by two seats. The judicial nominations that have been cruising the last two years will continue at this point. This is crucial as the judges could eventually lead to overturning onerous gun laws in states like California and New York.

The increased control of the Senate also provides a bulwark against any gun control laws that emerge from the House. How much of a bulwark? Even Susan Collins of Maine, arguably the most moderate Republican in the Senate, has been on record voting against gun bans and the rest of the Bloomberg-Schumer-Feinstein agenda. She’s at worst a very solid vote on Second Amendment issues.

This provides a devastating 1-2 punch against those trying to take away our Second Amendment rights. New federal legislation will go nowhere, and there will be more judges who understand the meaning of “shall not be infringed.”

Another more long-term silver lining is in Illinois. Yes, it looks as if onerous gun laws will likely be rammed through. However, Illinois resides in the Seventh Circuit, and this is where we could very well see a challenge to a semi-auto ban force its way to the Supreme Court.

Here’s how: In the Ninth and Fourth Circuits, panel decisions that struck down anti-Second Amendment laws were overturned in en banc hearings. In the Ninth Circuit, it meant a larger panel, while in the Fourth, it was the entire court. Both were dominated by anti-gun judges. The terrain in the Seventh Circuit is much friendlier.

Of the 11 active judges on that court, nine were appointed by Reagan, George H. W. Bush, George W. Bush, or President Trump. The three senior judges include one Ford appointee and two Reagan appointees. There is a very good chance that the en banc panel could very well uphold a ruling that shoots down a semi-auto ban on Second Amendment grounds, creating a circuit split. That split would force the Supreme Court to take up the case.

With the current line-up of the Supreme Court, there is a very good chance that the resulting decision would strike down a semi-auto ban and therefore place the Second Amendment on a much stronger legal footing. It’s a bit of a gamble, but President Trump and Senate Majority Leader Mitch McConnell have been a well-oiled machine on judicial nominations, and by the time such a case reaches, we could see a court more decisively shifted in favor of the Second Amendment.

One other silver lining over the long term will be that a Democratic House will shake some Second Amendment supporters out of their post-2016 complacency. The fact is, complacency is one of the biggest threats we have to our Second Amendment rights. We never could just let the politicians and NRA do it on their own – they need constant back-up from we the people.

We can mourn the losses and missed opportunities of 2018, but let’s also look at some of the good news that came from these midterms. Then get ready for 2020.


Harold Hu, chison

About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.

20
Leave a Reply

Please Login to comment
15 Comment threads
5 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread
16 Comment authors
The RevelatorSara RussotomcatMacofJackTacitus Recent comment authors
  Subscribe  
Notify of
The Revelator
Guest
The Revelator

This is to get the word out. Ladies and Gentlemen, prior to December 7th 2018, a commentor known as “Ron” got in an argument on this article(Linked Below) because he felt his opinion should replace facts. He lost the argument in glorious fashion. https://www.ammoland.com/2018/12/engineering-professor-calls-handgun-ban/#axzz5ZF1NUs35 On December the 7th, he launched into a tirade about how no one was talking about Pearl Harbor even as we remembered with our families. He then attempted to use the deaths of the men and women at pearl harbor to attack those that had previously embarrassed him during his argument. Let this be a record… Read more »

Tacitus
Guest
Tacitus

We have to start thinking in terms of “sanctuary gun zones,” just like the Left has its “Sanctuary” cities and states to protect illegal immigrants. When the Left wants something, it just declares the moral high ground, and says the hell with the law or the Constitution, …we’re gonna do what we want, and f*** you. At least we actually have the Bill of Rights on our side. We need to take the mealy mouth lawyers (“it depends on what the definition of is, is”) and tell them to stuff the legal games back up where they came from. We… Read more »

tomcat
Guest
tomcat

I have a doubt about Kavanaugh since he and Roberts voted not to hear the case against Planned Parenthood. Roberts has shown he is a pushover and Kavanaugh is following his foot steps. It doesn’t look very promising for Constitutional rights. I guess when you get to that ivory tower all of a sudden you are a law maker rather than a Justice to uphold the laws.

MacofJack
Guest
MacofJack

@tomcat The word is that Kavanaugg looked at the CT law and said that it says they have to pay, BUT the federal law states that NO federal funds can be used for abortion. Seems like he did not look far enough into the laws on the books!

tomcat
Guest
tomcat

@ Maco Thanks for the info, I didn’t catch the whole discussion. Of course, just the last part so I may have judged him prematurely. Federal Funds are being used big time for abortions, just hid behind something else. I would think a pill would be a better alternative and less abuse on the body, if you are smart enough to take a pill.

Sara Russo
Guest
Sara Russo

But liberals despite the law, bring up women’s health rights. And they also call upon Roe v Wade. Both of which I happen to agree with. And they will also say that it is something that is a topic that is between the woman and her Doctor. Again I agree with. And I am a staunch Republican. But I am not a republican who thinks that this topic is something that belongs in the political world to the extent that this is something that a ‘True conservative would have to be against. ” ib order to get elected. But the… Read more »

ras
Guest
ras

The Supreme Court does not have the appetite to hear any 2nd Amendment cases. They will let all lower court ruling stand and you know what that means for our constitutional right to keep and bear arms “shall not be infringed”.

Grigori Rasputin
Guest
Grigori Rasputin

I like the author’s optimism and hope his reasoning holds true. Unfortunately, I believe it will only hold until the next major government sponsored and initiated mass shooting incident. You can bet that when that goes down, many politicians who we thought were on our side will knuckle under to the emotion and media coverage, not logic and reason.

Jim
Guest
Jim

Sure wish the biased shriveled up old left wing cockroach on the lower left of the image would do us all a favor and just die. She is holding out hoping for a liberal Democrat to win the presidency before she resigns–that is how biased she really is.

Grigori Rasputin
Guest
Grigori Rasputin

GreenMtnBoy

I concur. Roberts and Kavanaugh are two peas in a pod. Roberts has proven he is not trustworthy at least twice. I was actually hoping the liberals would win regarding Kavanaugh’s appointment, just for different reasons.

Green Mtn. Boy
Guest
Green Mtn. Boy

Not holding my breath as SCROTUM has at the very least two weak links,for the court to actually uphold the Constitution,those swing votes as I see it are Roberts and Kavanaugh.

Grigori Rasputin
Guest
Grigori Rasputin

GreenMtnBoy

I concur. Roberts and Kavanaugh are two peas in a pod. Roberts has proven he is not trustworthy at least twice. I was actually hoping the liberals would win regarding Kavanaugh’s appointment, just for different reasons.

Sara Russo
Guest
Sara Russo

I am more concerned about Roberts than Kavanaugh. Roberts has always been a ‘when it suits me. ‘ 2a guy. And Kavanaugh so far has at a lower level has used Heller to blast a case even if was a(as I recall) in decent to the final ruling. And he was drilled relentely by the Democrats about the 2AMENDMENT when he was being confirmed the 1st time. Yes I watched the entire thing, it was a very slow week. Even the 2nd ‘test of his integrity’. And I have some personal thoughts on what to do with the people who… Read more »

MacofJack
Guest
MacofJack

Let’s hope our newest Supreme Court Justice has a better idea on this than he did on the last case he heard!

Kevin Morris
Guest
Kevin Morris

HR 38 has been in committee for exactly a year. Call out all the committee members on social media which they monitor more closely and is visible to the press. They will be going on winter break soon. McConnell might pull out a Christmas miracle. National reciprocity is the closest it will ever get right now otherwise it won’t happen.

Frank V Bri
Guest
Frank V Bri

Won’t make it to the Supreme court, they have time and time again refused to hear any 2A cases and Roberts is the be swing vote to the left

Jim Macklin
Guest
Jim Macklin

HR 38 will die in a few days unless the Senate “leaders” will bring it to the floor.
Chuckie Schumer and Nancy Pelosi cannot block it, only RINOS can do that.

Let’s give Chuckie a present that will eat at his craw for because once HR 38 is a law he can’t repeal it.

Call the White House and the Senate today.

John
Guest
John

A split in the Circuits does not “force” the Supremes to take up the case as alleged.

Opsec58
Guest
Opsec58

This is the theory. History tells us reality often takes a different path. Let’s pray your words ring true.

Joseph M Owens
Guest
Joseph M Owens

Any person that is trying to take away the Constitutional rights of law abiding American citizens who own guns to protect themselves and their families is absolutely an enemy of America, the Constitution and of liberty and freedom, and should be treated like the domestic terrorist that they are.