U.S.A. –-(AmmoLand.com) On November 1, 2021, the Supreme Court of the United States (SCOTUS), in an unusual move, granted certiorari (agreed to hear the arguments) before judgment in a case challenging the new Texas abortion law, known as S.B. 8. On December 10, extremely fast for SCOTUS, they delivered an opinion.
The Court granted certiorari before judgment in this case to determine whether, under our precedents, certain abortion providers can pursue a pre-enforcement challenge to a recently enacted Texas statute. We conclude that such an action is permissible against some of the named defendants but not others.
In the opinion, SCOTUS said neither the Constitutionality of the Texas law nor the wisdom of the law as a matter of public policy, is under review of the court. In a mild rebuke to Justice Sotomayor, the opinion reminds her the abortion law does not deserve special treatment above that for named fundamental, Constitutional rights.
The Court has consistently applied these requirements whether the challenged law in question is said to chill the free exercise of religion, the freedom of speech, the right to bear arms, or any other right. The petitioners are not entitled to a special exemption.
It is clear the Texas enforcement mechanism used to prevent abortions after a fetal heartbeat is detected is new and unusual. It is clear the law will come before SCOTUS. It is not clear what the outcome will be. From this opinion, it seems obvious four justices, Roberts, Breyer, Sotomayor, and Kagan, will go to great lengths to uphold abortion as a Constitutional right.
Governor Newsom of California has used the controversy as a platform to threaten Second Amendment rights.
SAN FRANCISCO (KGO) — Governor Newsom explained why he’s pushing for a new “gun control measure” in California Sunday, inspired by Texas’ latest abortion law. Newsom announced Saturday he is introducing a bill that would allow private citizens to sue makers and distributors of assault rifles and ghost guns. This is in response to the Supreme Court upholding a Texas law, which allows private citizens to sue abortion providers. At an event Sunday, Newsom told ABC7 he will use the same strategy to go after the gun industry.
The bill was not available as of this writing, so it is unclear how such legislation might play out in court.
Much depends on how the Supreme Court rules this term.
The SCOTUS (Supreme Court of the United States) acknowledged there were numerous novel legal theories in the Texas law they needed to consider. It is possible they could find the Texas law unconstitutional after more conventional proceedings. The Court has agreed to hear a Mississippi law banning abortions after 15 weeks. The court may issue an opinion on the Mississippi case before the Texas case, which may render the Texas case moot.
This term, SCOTUS is expected to issue an opinion on the upcoming NYR&PA case on the Second Amendment right to bear arms outside the home. It will be ruled on in late June, most likely. It may give clarity to what level of scrutiny is appropriate in Second Amendment cases. At present, several circuits are openly defying the Heller and McDonald decisions.
If the potential originalist and textualist Supreme Court majority hold (Roberts is squishy), Second Amendment rights will continue to be enforced and restored.
The result of Newsome’s threats will depend on how the Texas abortion law is interpreted by SCOTUS, and if SCOTUS upholds the previous decisions which created a Constitutional right to an abortion without any federal law or precedent.
It is a grand-standing move by Newsome. It grabs headlines but does little. Such a law might be upheld by the Ninth Circuit, but would have a significant chance of being overturned by SCOTUS, if SCOTUS continues to enforce and restore Second Amendment rights. The Second Amendment has a sound grounding in originalism and textualism. Roe v. Wade has none. 44 states protect the right to keep and bear arms to some extent in their state constitutions. In 2022, Iowa is poised to increase that number to 45. California is one of the few states which have no state Constitutional protection for the right to keep and bear arms. It may be one of the first to explicitly add protection for abortion to its law and/or constitution.
Analysis
Refusing to enforce the Second Amendment and the creation of abortion right in Roe v. Wade is extremely popular in the Media, the deep state, and among Progressives (Media/Tech Oligarch/Left). There is little widespread support for those positions in the national population. There is intense support for protecting Second Amendment rights; there is intense support for overturning Roe v. Wade. The ability of the Media/Tech Oligarch/Left to control the narrative on either issue appears to be fading with fading Media/Tech Oligarch/Left power to control the flow of information.
About 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 retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
Well, one is a Constitutionally protected right, and one isn’t…see you in the SCOTUS…
How may I ask can a law be passed to make people who do not obey laws obey laws? Especially restrictive gun laws which only take guns out of the hands of “law abiding citizens” making them more vulnerable to lawlessness. Will these marxist democrats ever learn freedom is not even possible in a lawless society! Restrictive gun laws are the laws the “outlaws” mostly do not adhere to. Passing restrictive gun laws and defunding police emboldens criminals and makes their endeavor (murdering, robbing, stealing and burglary right along with all other criminal acts like car jacking and kidnaping) much easier because “the… Read more »
Let me start by saying that it should be abundantly clear to all of us, that Leftists/Democrats/Progressives always need a reason to control the situation; and they do so by creating a situation that we can’t control, and neither can they, but it always creates some reason for them to lord over the rest of us. I don’t believe that the ability to defend one’s self is a partisan issue. There are people on both sides of the political divide that are either willing to use firearms to defend themselves, or are emotionally fearful of guns and refuse to allow… Read more »
Too bad Gavin’s mother didn’t abort
Is she still alive? There’s still the post-partum abortion option.
When he was born his mama pooped, the baby died!
All that coffee…crowning now. Gotta go squeeze out Gavin’s twin brother & flush 3 times. It’s a long way to Sacto.
It’s strange that no one can point to where the “right to abortion” is in the Constitution but, some still insist that it is a “right”. It is even stranger that these same people try to ignore where the Second Amendment specifically guarantees the actual right to “keep and bear arms”.
In Roe, a majority of the justices said that the right to abort is in the Ninth Amendment.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.“ I’ve read this a few times and, I still don’t see where it says you have a right to abort or kill a fetus in the womb. The Supreme Court is supposed to ONLY interpret the Constitution but, in Roe they really failed miserably. What about the “inalienable rights to LIFE, liberty, and the pursuit of happiness”? Once there is a heartbeat, there is life. Don’t get me wrong, abortion laws are not close to the top of my… Read more »
Many of you have never seen Disney’s “Song of the South.” It’s the only Disney move that has been disowned by Disney. The reason i mention it is due to one of its most interesting characters: The Tar Baby. The tar baby is just that, a baby made of sticky tar. Once some fool picks it up, they cannot put it down unless some other fool takes it from them. I believe that Roe v Wade is SCOTUS’ tar baby. They should have never picked it up, but now that they have, its theirs like it or not. In Roe,… Read more »
That is the truth Briar Rabbit! MC and a Happy New Rifle.
However, that is exactly how abortion is being used. As a father of a girl who had an abortion (and I personally was never informed of it until many years later) while in college I witnessed first hand what effect an abortion can have on a young ladies life. Therefore it is not always just the fetus who suffers as a result of an abortion. She was so remorse after having the abortion she died at 57 years old.
The justices knew that they had the power and no one could stop them. We all know that they just made it up.
MC, brother.
True. Many rights are in 9A, but not a right to kill innocents. Shame they abused-discredited 9A. It can & should be used to protect privacy, true property ownership, the fruits of our labor, right to refuse injections etc.
Oooh, lookit all them sock puppet downvotes.
The pro-abortion crowd loves their slogan of “My body, my choice”, but do not like that slogan uses it in an argument against getting the vaccine. Apparently the “My body, my choice” argument only applies if you are taking another life without their choice.
IT WON’T WORK TO BEGIN WITH NEWAZZ IS TRYING TO SUE A PRODUCT (GUNS) AND NOT THE ACT. IF ANY OF THESE AZZES WOULD GET THEIR BRAINS OUT OF THEIR AZZ AND UNDERSTAND WHY THE RIGHTS HAD IT PUT IN THERE. NOT ALL DEMOCRATRATS ARE STUPID. THANK GOD.
I have to disagree, all democrats really are stupid or at least mentally challenged.
Not true. Many are quite intelligent and EVIL.
Good point. Pretty much covers it.
Soros’ CV includes “Jewish” Nazi collaborator too, but that’s just details.
As for the pro-2A people living in Kalifornication while their rights are being evicerated, the weather can’t that good!
Putting up with the illegal taxation, regulations, cost of living, scum sleeping in their front yards (if they can afford to have one), drugs, illegal aliens, traffic, etc.. they always say, “yeah, but the weather is so nice”. Lay down with dogs and get up with fleas.
Do a better and bigger job of turning the electorate red, or get out, but don’t complain about what you put up with to stay.
And if you are moving out of Ca into a red state, don’t californicate the state you move into!
I was wondering what the hubbub was that Newsom was grandstanding about. This article explains it clearly. Thanks Dean. Excellent reporting, as usual.
GUNMAKERS SHOULD REFUSE TO SELL ANY WEAPONS TO ANY GOVERNMENT AGENCY THAT RESTRICTS OR IN ANY WAY IMPEDES THE 2 CD AMENDMENT. STATE OF KALIFORNICKA ESPECIALLY
Just like Barrett Firearms.
When guns are removed from law-abiding citizens then only criminals will possess firearms. The first people who should be disarmed are Newsome’s bodyguards. At the same time all personal bodyguards of Hollyweird “actors”. See who starts crying first. Crazy is as crazy does. Be interested to see what happens to the crime rate in California if guns were taken from all law-abiding citizens. Then I wonder how many law-abiding citizens would become criminals? Wall off California with a border wall and see.
Ya know, I’m getting to the point that when I see Ammoland listed on my ‘in bin’, I cringe because of articles like this! I’m still stuck here in Commiefornia with that tyrannical POS NewSCUM. If all goes as planned, we’ll be in the land of Freedom…Arizona by this time next year! California’s lost…God Save Arizona.
I remember the first thought I had when I read about the Texas law, “Cute. Just wait until the anti-gun politicians get a hold of this.” The FPC is exactly right in opposing it. Regardless of your stand on abortion, guns or any other hot button issue, this legal maneuver creates the only thing that might be worse than a police state–the tattletale state. Or likely, the blackmail state. Anybody could be hauled in to court by anybody for any reason. Everybody has a bounty on their head, for something. You would have to mount a legal defense and bear… Read more »
They need to also include criminal penalties for making a false accusation.
I can’t feel sorry for the people of California as they had a chance to get rid of Newsome a few months ago with the recall election and they voted to keep him.
You get what you vote for.
I don’t have a whole lot of sympathy for people in California because, they can move somewhere the Second Amendment is held in high regard. Thousands have already left and, more are leaving. My only fear is that more of the ones that screwed up California will come instead of the ones who tried to vote out the socialist scum bags. For example, take a look at what Austin, Texas has become. It’s just as bad as any California city. Why do people move to get away from higher taxes and other liberal policies and then, try to turn the… Read more »
Because Liberalism is a mental disorder.
Uploaded a long time ago.
Lots of wealth redistribution.
Lots of government jobs (with a lot of job security, if you just follow orders).
I think he may have lost more votes than he gained with that comment. He could pick-up votes in the battleground states by stating “I don’t support any more gun control.” He doesn’t have to say he will elminate the BATFE or work to reform/rescind the NFA of 1934, or decriminalize violations of the NFA of 1934 – just say no more gun control. When he gets in office he could shorten the rein on all the federal law enforcers and quietly work towards making NFA violations an infraction that recieves a $50 ticket and an order to get into… Read more »
Which comment?
“People in this country that are Jewish no longer love Israel . . . The Jewish people in the United States either don’t like Israel or don’t care about Israel.” ~ Donald Trump
He made that comment in the video of the interview that Patriot Solutions posted.
Typical Trump – babbling, no filter, no time delay.
“[Too] many American Jews don’t like Israel or don’t care about Israel. Republicans and conservative Christians are Israel’s best friends. The NYT hates Israel. The ‘woke’ Democrat party panders to Ilhan Omar’s Jihad Squad, but hates Israel, yet most American Jews still vote Democrat. So sad.”
That would’ve been true, far less objectionable/twistable.
Exactly – and why even bring up the first two sentences? It’s not likely to result in getting more votes.
He could get re-elected and have a legacy that doesn’t include flip-flopping if he wants to and can control himself.
I hope he bows out. Enough of his babble-bungling. DeSantis isn’t perfect, but he’s by far the best we have. Unless you want to go LoLibertarian, which is actually more destructive than Democrat.
I didn’t mean to get into an argument. My only concern was Trump winning and not pushing for more gun control. There are some people in the US who are Jewish and who are likely to vote for Trump. I wouldn’t want him to lose their votes by making comments that are not likely to gain him many votes. My comment wasn’t pointed at being politically correct (in the broad sense of the term) – just politically savvy in terms of winning the election. Regarding the rest of what you and Tank discuss, I don’t go there for a reason.… Read more »
The truth about the D party and most American “Jews” hating or not giving a S about Israel, if stated coherently, is not going to alienate any Jew who would vote for Trump.
Probably not. He didn’t say most Jews – that was my main point.
Talking about the political views of the majority of Jews in America doesn’t seem like it’s going to get him any votes he wouldn’t have had anyway. It seems like he would have a higher chance of winning if he just didn’t go in that direction.
Cower-pandering to ‘Bagel Jews’ won’t get votes. The truth may if stated coherently, and it gets the truth out to percolate — needed.
Rs need to start saying what it is. e.g. D politicians are racist; everything’s about skin color for them, and discrimination based on it. Trump said it once, then chickened out, never said it again after bungling it. Like nearly all R pols, he leads from behind. Waits for the base to adopt the position, only then might openly agree to it.
He’s not the right guy for these arguments. Not a coherent leader like DeSantis.
I didn’t say it would.
I said making the broad-brush statement he made could result in the loss of some “conservative,” for lack of a better concise term, votes from Jewish people.
I said making the broad-brush statement is not likely to get him any votes that he didn’t have already.
The net seems to be a net negative impact vs not saying anything at all.
Agreed. Babble-bungling backfires bigly. It ain’t 10D chess any more than hiring every deep state DC a-hole was, right up until the end. Good grief.
I don’t understand any of those moves he made. He’s not stupid or naive. I realize there are some other explanations out there, but I’d rather not go there because it will be devisive among people who share a lot of views that are important to putting the breaks on totalitarianism.
“Politics is not like a piece of paper with two sides, it is a dodecahedron.”
Some otherwise smart people babble-bungle outside their field. The BS he got away with as a CEO of his own firm & The Apprentice backfired as Pres. Being otherwise smart doesn’t rule out gun controls betrayal & idiocy like strangling his election integrity commission in the crib in 2017. We need to get into it or get stuck with his bungling betrayals again. He already blew a chance of a lifetime. No one in 50 yrs appointed so many SupCt justices in 4 yrs. God-given chance to really turn things around, but he pissed it away to “Federalist” Society LoLibertarians,… Read more »
Peace.
No, it’s not fact. Trump’s babble session said effectively all American Jews hate or don’t give a crap about Israel.
Half his family’s Jewish, so I’m confident he would abhor your statement “Masonic Jew World Order”.
I’m not trying to be politically correct. Just accurate.
Hopium addicts read their dreams into Trump even when he contracts what they believe in they excuse it away.
Even through that sounds crude it is the truth!
So is open-immigration “Libertarian” Globalism – one of the most destructive forms of socialism. Aka LoLibertarianism.
No sympathy for the resistance, huh? Many of them have reasons for staying where they are at – just like pro 2nd Amendment people who live in Austin have reasons for staying there. That’s one reason “they” are winning – they stick together. A relatively small percentage of people living in Wyoming voted for Biden (less than 27%). Those who did receive a large amount of support from people outside of Wyoming for the cause they all believe in. I support all pro 2nd Amendment people irrespective of what state they live in. I’d like to keep the group as… Read more »
We have the same problem here in Arizona. Tucson is an example of Californians moving here. It is now run by marxist democrats.
We in California also voted for Trump and look what the communists did in that election.
Yes elections do have consequences. It appears Californians did not learn that lesson by electing biden. They had to elect or confirm the election of newsom as well. It is evident the big cities control California. Therefore the rest of the state has either got to change that fact or leave. Living in Arizona I refuse to even drive through that state anymore. However, I used to visit many times a year! After all it is a beautiful state it is just run by ugly people!
There were plenty of well informed legal minds warning that the attempt to remove abortion from judicial oversight could easily be applied to firearms as well as other matters where a state wishes to avoid Constitutional accountability. Now that you’ve gotten what you wanted in Texas, it’s funny to hear the whining about the same extra-legal strategy being used by gun control advocates.
https://chicago.suntimes.com/politics/2021/12/17/22841847/pritzker-repeal-parental-notice-notification-abortion-act-law-illinois
I admire Archbishop Viganò. Have you seen The Viganò Tapes #6: The Limits of Authority?
https://insidethevatican.com/vigano-tapes/the-vigano-tapes-6/
I’ve seen nothing by Viganò about anything like “jewish (laughing) masonic mafia bankers”. That allegation of Freemasons doing the bidding of “The Jews” seems to originate from Nazi and Islamist propaganda. I doubt Viganò buys into it.
Amazing what “conservatives” can do
Right. Newsom would leave guns alone if only Texas left partial birth abortions alone. Not.