Second Amendment, Supreme Court, and Ruth Bader Ginsburg, February 2019

Second Amendment Prayer for Justice Ruth Bader Ginsburg
Justice Ruth Bader Ginsburg

U.S.A. -(Ammoland.com)- For eight years after the McDonald v. Chicago decision, the Supreme Court refused to enforce the Second Amendment.

President Trump has appointed two constitutionalist and originalist Justices, Justice Gorsuch and Justice Kavanaugh. After those appointments, the Supreme Court agreed to hear the first Second Amendment firearms case since McDonald:  New York Rifle & Pistol Association v. NYC. The official decision to accept the case was on 22 January 2019.

The next question was, when will the oral arguments for the case be heard?  The possibilities began in April in 2019. If oral arguments were not heard in April, they would be heard in October or later.

Second Amendment supporters are justifiably frustrated with the slow pace of judicial enforcement of Second Amendment rights. Many believe some courts have been deliberately slowing down the process, hoping for the election of a president hostile to the Second Amendment.

The oral argument calendar for the Supreme Court for April has been published. New York Rifle & Pistol Association is not scheduled for April.

This could be significant because the oldest justice on the Court is Ruth Bader Ginsburg. Justice Ginsburg has been hostile to the Second Amendment. She believes it does not apply to the modern world because it is old.

Justice Ginsburg voted against the Heller decision. She voted against the McDonald decision. Her opinion on the Second Amendment is clear.  From armsandthelaw.com:

“If the court had properly interpreted the Second Amendment, the Court would have said that amendment was very important when the nation was new,” she said. “It gave a qualified right to keep and bear arms, but it was for one purpose only — and that was the purpose of having militiamen who were able to fight to preserve the nation.””

Ruth's position is to define the Second Amendment out of existence, without any real argument, because she believes it has no purpose in modern society. The fallback position is that the Second Amendment does not apply to individuals. That is the essential Progressive position on the entire Constitution. It is old. Therefore we can ignore it.

Justice Ginsburg has been recovering from cancer surgery that removed one of the lobes of one of her lungs. She is said to be recovering satisfactorily.

The next oral arguments are on Tuesday, 19 February 2019. Reuters has reported that Justice Ginsburg was at the Supreme Court on Friday, 15 February 2019,  for a private conference to decide whether or not to take a case deciding if the Executive Branch can add a question to the 2020 census that has been on the census before.

The plaintiffs claim the question, about citizenship, might incentivize minorities to avoid being counted on the census. From reuters.com:

Friday’s conference proved highly significant, with the justices agreeing to decide the fate of a bid by President Donald Trump’s administration to add a citizenship question to the 2020 census, which opponents say will scare immigrant communities from participating, leading to an undercount.

No pictures of Justice Ginsburg, in private or public, taken since December 15, 2018, have been published, that I have found. Justice Ginsburg is the oldest Justice on the Supreme Court. Her birthday is on 15 March. Next month; she will be 86 years old.

Eight months from now is the earliest oral arguments will be heard for the New York Rifle & Pistol Association. When you are 86, in failing health, eight months is a long time.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.

  • 70 thoughts on “Second Amendment, Supreme Court, and Ruth Bader Ginsburg, February 2019

    1. The Supreme Court is the head of the judicial branch. Their purpose is to ensure that laws and decisions made within the United States are constitutional. She hasn’t been interpreting the 2nd amendment properly for a long time.
      “Ginsburg has been hostile to the Second Amendment. She believes it does not apply to the modern world because it is old.”
      Maybe she should go recuperate in the Venezuelan cities where gun confiscation has been implemented with devastating consequences.

    2. “Justice Ginsburg has been hostile to the Second Amendment. She believes it does not apply to the modern world because it is old.”
      Great! Lets get rid of her OLD UGLY ASS first!

    3. This issue is on the table and will remain for as long as the Democrats can image fear for the American people . Truth is not a narrative for the democrats or the republicans for that matter . Remember not to long ago put you head under your desk in school during a nuclear attack?. From the time I can remember fear is the call of the day the fact that driving drunk or while on a cell phone kills more people that gun violence is evelvant to those we have elected.
      What drives the American machine is fear from the courts to the news media to those elected in Washington Ginsberg is proof that retirement should be mandatory. God and Country in that order I am a patriot a proud american who understands history and how our country was founded.
      They do not teach that in school anymore it is common core education for those young folks who will one day ask why did our parents & grandparents not stop the rise of socialism in america.

    4. Life Time Appointments to the Highest Court is like no Term Limits in Congress. Ginsberg and her 1900 ideals referencing the constitution ” What they really Ment ” mentality makes me cringe. The 2nd Amendment is very clear the ” Right to Keep and Bear Arms ”
      “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
      Nothing there about having a good and substantial REASON like Maryland imposes it residents. Absolutely crazy that there is a standard to be met, YET THE GOOD AND SUBSTANTIAL REASON IS NOT IDENTIFIED ??. WTF how does this happen in 2019
      This Country is [email protected]#$% Up and getting worse

    5. There is strong evidence she is deceased and of course, another coverup. Lot of finger pointing, and the sources of the coverups, kabal, deep state, child and human traffickers, they don’t seem to end up in jail. Think about it…..you and I? Why we wouldn’t even be allowed bread and water. We would be treated like the Bundy’s in Nevada. Look what the FBi and how they arrested Roger Stone? How many agents did it take to take an older, unarmed fellow into custody? Disgusting! My family is pro constitution and 2nd amendment!

      1. They said she returned to the court yesterday and showed a news clip from 04/2018. She dead may she go strait to He double hockey sticks!

    6. Ole Ruth: she says the Constitution is old and out dated. Well it may be old there Ms. Ginsberg but, no disrespect, so are you. Your interpretation of the 2nd amendment is really off base. It isn’t just for a well regulated militia that’s just part of it. It’s a right given to law abiding citizens of the United States of America. Ms. Ginsberg has to follow the law not change it to her liking . Ruth you need to retire and live in New Zealand where you said you’d move to if Trump got elected. What happened….? Without the second amendment Justice Ginsberg would be out of a job, because there’d be a different rule of the land and she’d be living in section housing under a tyrannical government…

    7. It was not that many years ago she actually stated, in public, that the Constitution is an outdated document. There is no doubt about it that she is an outdated whatever. Maybe they have her casket in the storage room ready to stuff her in it.

      1. Yes, she did say that and in the same breath praised the constitution of South Africa. But then I would expect nothing less of a commie.

    8. It is old, so we can ignore it. Hmm. Maybe she should speak for herself. Meanwhile, there are old things and old people that demonstrate great wisdom. She’s a little different from those.

    9. I was grabbed and pulled around the side of a tobacco store in broad daylight about 2 years ago. I stand 5’4” and weigh 103 lbs! I’m 54 years old and though I will never go down without a fight, I know that I’m getting too old and frail to! Fortunately all he wanted was to sell me dope because I look like a crack addict being so small! I don’t think he will forget the experience in meeting me because I will fight if I have to! I hike the mountains and though I hope to never have to deal with a rabid animal it wouldn’t hurt to have that protection being there was an attack just last week 20 miles away! 2 years I’ve been researching about what gun would be the best for me to carry and now that I’m ready to, the laws are changing so fast that I might be wasting the money to do so!

    10. Methinks it is time to discard the interpretation of the Constitution that gives federal judges and SCOTUS justices lifetime appointments !

    11. Justice Ginsburg’s argument that the 2nd Amendment is no longer needed as it was drafted for the purpose of a militia who were needed to protect the nation then, and somehow that is no longer the case lacks merit by history itself some 170 years after the founding of our nation.

      This is clearly evidenced by the attack on the Navy stationed at Pearl Harbor. The Navy practically destroyed, what was stopping the enemy from pushing right up the mainland? Answer, a force which Justice Ginsburg conveniently forgets about, We The People, grassroots militia, the final defenders of our nation.

      Yes, it may be argued that Japan’s political class had no stomach for such a fight…..it may be argued that it is because American fighters abroad are a force to be reckoned with, but at home, man, woman and child, a force as fierce and determined as the world has only seen during the likes when a bunch of rebels, untrained, undisciplined, defeated the greatest military of the time, securing our independence. I suggest it was both and true to this day. The Japanese were willing to take on our military, they were however not so willing when it came to fighting Americans on American soil.

      So Justice Ginsburg, 170 years after our independence, the 2nd Amendment proved again worthy securing and maintaining Americas freedom and it continues to this day.

    12. To paraphrase her own comments “Justice Ginsburg has been hostile to the Second Amendment. She believes it does not apply to the modern world because it is old.’ Me thinks that she should have no say as she doesn’t apply to the modern world.

    13. I will be 86 next August. Freedom is worth more than my life (or hers).

      I wish no one any harm but this world will be better off when certain people go to their eternal home where ever that is . Mine is with Jesus, my Lord and Savior.

      1. Ditto!
        Let freedom ring…

        It’s an honor to hear from a true Patriot @ LL Smith..

        My Grandfather served as a WW1 Frogman, an Uncle served during Vietnam, in Germany, and my oldest brother served both tours in the Persian Gulf…

        Freedom is never Free, Unconditional love is treasured and free, but it costs me everything!

    14. Best is 2 term limits, no more than a President, also limit all of those in congress that they cannot go into a Lobbying Job either, while they were in office they have stolen more than anyone out in the normal world as far as incomes, they all do the inside trading which anyone outside of these government schisters, goes to jail ( Martha Stewart) comes to mind?

      0

    15. I don’t wish death or harm to anyone! I do wish the people that are being brainwashed could see that the constitution was written to preserve life because where there is slavery there is death! The 2nd Amendment was given to all the people to protect themselves and their country so what is happening now wasn’t going to happen! They wrote this when what they learned from history was still fresh in their minds and knew it could happen in the future! Now that they are rewriting the constitution and taking all our rights away we will become slaves and anyone that refuses to be slaved will be use as an example! The sad part is the 2nd Amendment is the first part of the constitution go and the rest will be easy for them! I never owned a gun but at this moment I wish I did because I’m just as afraid to go shopping as I am to believe in our government! Only the bad can harm me and my family and I can’t protect either!

      1. @Caralynn, I sympathize with you, not being able to protect your loved ones. I would call out Justice Ruth Bader Ginsburg for her calling the Constitution as being outdated. She fails to remember Pearl Harbor where just a few decades ago the Japanese attacked and almost devastated our Pacific Fleet. It is a fact that the Japanese High Command wanted to attack the US mainland. Admiral Yamamoto, the planner of the attack talked the high command out of the mainland attack by convincing them that there was a rifle behind every blade of grass. My comment is simply that if in early 1941 there was a rifle behind every blade of grass what do you think may be behind every blade of grass now,except California of course. I also feel that it is because of this fact the Taliban and Isis and other radical Islamics haven’t tried any mass attacks here like they have in Europe. Just sayin’. Think about that, America!

        1. I was grabbed and pulled around the side of a tobacco store in broad daylight about 2 years ago. I stand 5’4” and weigh 103 lbs! I’m 54 years old and though I will never go down without a fight! I know that I’m getting too old and frail to! Fortunately all he wanted was to sell me dope because I look like a crack addict being so small! I don’t think he will forget the experience in meeting me because I will fight if I have to! I hike the mountains and though I hope to never have to deal with a rabid animal it wouldn’t hurt to have that protection being there was an attack just last week 20 miles away! 2 years I’ve been researching about what gun would be the best for me to carry and now that I’m ready to, the laws are changing so fast that I might be wasting the money to do so!

          1. @ Caralynn I think you are on the right track. Depending on where you live, spending the money to buy a gun would make you feel more secure even if you could only have it at home.
            Maybe you could shop around for a good used gun as your first one. Equally as important is to learn how to use it and how to keep it from being taken away from you and used on you.

          2. @Caralynn, Many gun range/gun shops have the rent before you buy option. You can try different types of guns and calibers before making that decision. Might I also recommend taking a person of experience with you to you proper handling for your safety and that of others. Be safe and remember this. The biggest safety on a gun is your finger. Never apply it on the trigger until you are ready to shoot your target. Start mall, maybe a .22 and work up to larger calibers. Your smaller frame might limit your shooting comfort. A .380 may be as large as you will go. Still a lot of good options in that caliber. Be safe and learn smart! RM

    16. While I wish no harm or worsening health to Justice Ginsburg, I do wish she would act responsibly and accept that she no longer is capable/has been capable, of doing her job on the Court and will resign. To that, should it ever occur, I will say, “Good riddance”.

      If Justice Ginsburg dies during the Trump administration, which hopefully will endure another 6 years, it would not be a surprise to me if the Democrats/communists/socialists/traitors took her remains to a taxidermist so Justice Ginsburg could continue to sit on the court with the same degree of mental acuity as she has shown since her appointment to the Court.

      1. LOL! This ‘Justice’ has all but said that, if required, she will be put on life support while this president remains in office. She would assign her proxy vote to Kagan or other like minded whack.

    17. According the liberals, the Bill of Rights, which contain a bunch of protected rights for the individual citizens of this country, also contains this one right (the 2nd) which grants the government the right to make “Armies” (militias).
      That is essentially their argument. It makes no sense. The roles (not rights) of the various bodies of government are outlined in the main body of the document. The only reasonable interpretation of the 2nd is that it is an individual right, as firearm ownership precludes the grouping of people into armed militias. Without arms a militia is nothing more than a gaggle of angry men.

    18. In her quoted paragraph above she is very clear that the 2nd is to give right for citizens to preserve the nation. She fails to realize that right is to protect citizens from the government as well. This very much applies to modern times

      1. It never ceases to amaze me how their own words contradict their opinions. If it was intact for minute men to be able to preserve the nation then it would still apply as we stand ready to preserve the nation.

    19. And RBG’s opinion about the second amendment should not cover todays firearms owners because it’s “old”. I wonder if that also applies to 80+ year old justices also. Maybe we should get rid of any Justice over 80 ! We could send her to that ranch where Obambam sent Scalia.

    20. If they grilled her like the recent two nominees for SCOTUS, she would never get confirmed based on her
      ACLU papers that nobody cared to read.

      I guess she thinks the entire Constitution and Bill of Rights is outdated as well?

    21. Ruth Ginsberg is a tresspasser of her office,she has war’d against the Constitution of the United States of America she is guilty of perjury in violating her oath of office Wich is treason and a felony under state and federal law.it is not her job to make law, is not her job to to say what the Constitution means,it is her job to follow the Constitution of the United States of America and the bill of rights to the letter.her jurisdiction is null and void any ruling or vote she makes is null and void.

    22. Justice Ginsburg is on the edge of dementia. WTF where’s fishnet gloves and that black dress right out of Morticia Adam’s closet??

      Hooray for big brother!!

    23. Qualified right my assssssssssssss

      Ginsburg doesn’t belong to the modern world because she’s OLD!!!!

      Death becomes her!!!!!!

    24. Her and the majority of these dinosaur women in the demoRat party do not apply to the modern world. I believe these people are suffering from Dementia due to their age. I do not believe at the age these people have achieved that they are

      able to function as our leaders any longer. What is worse, the young representatives that have been voted into office are just plain out STUPID, They were not educated properly. I am now thinking no one should be allowed to serve in congress except between the ages of 55 to 65 with a term limit of 5.

      1. 5 terms for a Representative would be 10 years as you suggest, but 30 years for a Senator. I prefer of 2 terms in any office, limit of 2 public offices in a lifetime. We need to rid ourselves of professional politicians, sucking off the public. They need to have real jobs and earn a real living, just the way the framers of our republic meant it to be. It’s suppose to be “public service”.

    25. All of the political hacks in Washington D.C. don’t care about the constitution! They are all in this together to create a new one world order and strip the people of all of their rights, even God given rights to life and liberty.

      It will eventually come to a complete rewriting of the constitution so it says what they want. They will strip our rights and get rid of the 2nd Amendment.

      The 2nd Amendment was not written so we could protect ourselves so much from hostile people trying to do us harm as it was written so we could over throw a government that had become unconstitutional and was trying to overthrow the people.

      We are almost to that point!!!!

    26. Juges are supposed to be imparchal. She has proven time and again through her words and works she is not. She should be investigated for her years of corrupt jugement and gain of wealth while sitting in the Democrats lap. Only one true juge that we will all have to kneel before. I am blessed not to be in the shoes of political anarchy.

      1. Concur. She only goes to State of the Union addresses if a Demonrat is giving it, and made disparaging comments about the current President to the press in public. As a 3rd branch of govt, the Supremes are certainly entitled to their personal political views, but should not air them…she has demonstrated she’s hostile and not impartial.

    27. It doesn't matter what SCOTUS says about ANY of the Amendments, the Constitution is the Supreme Law of the Land. The problem is the unbelievable ignorance of Americans! Being this stupid has allowed lower courts, local, state and federal government agencies and the traitorous politicians of both sides get away with murder; figuratively and realistically. The problem with all governments are the people who work in the government. Just because America has the most sought after form of government, it is the people who work in our government that is the problem. "Power corrupts. Absolute power corrupts absolutely."
      Until (I am afraid it is too late) the PEOPLE live by the Constitution and holds all officials accountable, this country will slide into communism. THAT is the GOAL/AGENDA of both parties.

    28. It might not be a popular notion, but I think that our: Judiciary, Legislative, and Executive, leaders should be required to pass: mental, and physical, competency tests to enter/remain in office, (along with the existing criteria)!
      Perhaps she would like to be Red Flagged!

      Creating law from the Bench should be grounds for immediate dismissal too.
      Their job is to rule according to letter/intent of the law and the Constitution..

      The Constitution didn’t have an expiration clause written into it!
      .. Even though buggy whips are out of the mainstream, and Ginsburg rides to her office on some form of personal/public transportation..
      .. At least until AOC and the other Enviro-Nuts outlaw them!

    29. October might be better. Gives RBG more opportunities to permanently fade away AND prevents POTUS Trump from having to put up with 2020 political nonsense, while nominating a Constitutional conservative candidate.

    30. Well if that’s her thought process, then all the modern technology like eavesdropping and wiretapping and tracking electronically and a whole lot of other stuff that was never around back in the day and most likely couldn’t have been comprehended back then can’t hid in the amendments like they do now

    31. I fear the Supreme Court’s refusal to hear Second Amendment cases will not be any different than if they do decide to hear one. Why? Because Chief Justice Roberts will screw over the Constitution as he has done on several occasions. RBG needs to go and make room for a pro Second Amendment justice.

      1. Yo, what happened to the edit button? I meant to say “I believe Ginsberg does not apply to the modern world because she is old.”

    32. The author writes, “… Ginsburg has been hostile to the Second Amendment. She believes it does not apply to the modern world because it is old.” She is pretty old herself. Maybe she does not apply to the modern world.

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