Explore The NRA Universe Of Websites

APPEARS IN News Second Amendment

With Kennedy Retirement, Trump Can Secure and Strengthen a Pro-Second Amendment Supreme Court

Friday, June 29, 2018

With Kennedy Retirement, Trump Can Secure and Strengthen a Pro-Second Amendment Supreme Court

On Wednesday, Associate U.S. Supreme Court Justice Anthony Kennedy announced that he is retiring effective July 31. The move signals the end of Kennedy’s 30-year career on the nation’s highest court, which bore witness to its most important decisions concerning the Second Amendment. It also creates the opportunity for President Trump to appoint a replacement who will help reinvigorate the stalled progress in Second Amendment jurisprudence.


Gun rights supporters will remember Kennedy for his vote recognizing the Second Amendment protects an individual right to keep and bear arms in the landmark 2008 District of Columbia v. Heller ruling. Kennedy reaffirmed his fidelity to this constitutional right in the 2010 case McDonald v. Chicago, which incorporated the individual right to keep and bear arms to the states through the Fourteenth Amendment.

Kennedy was also at times critical of federal overreach into state matters concerning firearms regulation. In the 1995 case United States v. Lopez, Kennedy joined a 5-4 majority to strike down the Gun Free School Zones Act of 1990, which the court determined went beyond the federal government’s authority to regulate interstate commerce. In the 1997 case Printz v. United States, Kennedy joined another 5-4 majority in determining that the federal government, through the Brady Handgun Violence Prevention Act, could not force state and local law enforcement officers to conduct background checks on handgun buyers.

Since McDonald, however, the Supreme Court has shown a reluctance to defend the Second Amendment as a right commensurate with other portions of the Bill of Rights. In 2015, Justice Clarence Thomas was joined by Justice Antonin Scalia in a dissent from the denial of certiorari in Friedman v. Highland Park, a case which concerned a ban on commonly-owned semi-automatic firearms. Thomas noted, “The Court’s refusal to review a decision that flouts two of our Second Amendment precedents stands in marked contrast to the Court’s willingness to summarily reverse courts that disregard our other constitutional decisions.”

Earlier this year, Thomas further expressed his frustration on this matter in a dissent from the denial of certiorari in Silvester v. Becerra, a case which challenged California’s 10-day firearms waiting period. Thomas explained, “If a lower court treated another right so cavalierly, I have little doubt that this Court would intervene. But as evidenced by our continued inaction in this area, the Second Amendment is a disfavored right in this Court.” The justice went on to lament that “[t]he right to keep and bear arms is apparently this Court’s constitutional orphan.”

With Kennedy’s retirement, President Donald Trump now has his second opportunity to shape the Supreme Court.  There is every reason to believe that he will choose a nominee that will diligently work to uphold Americans’ Second Amendment freedoms.

The president’s previous choice, Justice Neil Gorsuch, wasted no time in declaring his support for the right to keep and bear arms. Less than three months after taking office, Gorsuch joined Thomas in a dissent from the denial of certiorari in Peruta v. California, a challenge to the state’s may-issue carry regime.

Moreover, defending the Second Amendment continues to be a focal point of the president’s agenda. On the same day as Kennedy’s retirement announcement, President Trump hosted a group of 150 student leaders at the Face-to-Face With Our Future event. During his remarks to the group, the president stated, “You have to believe in protecting the entire Constitution, as written, including the right to free speech and the right to keep and bear arms. Second Amendment.”

Even with a Republican majority in the Senate, gun rights supporters will need to once again become engaged in order to ensure that a pro-Second Amendment nominee reaches the bench. The president’s opponents are already calling on their allies in the Senate to oppose the unnamed Trump nominee by any and all means. Mere hours after Kennedy’s announcement, long-time MSNBC political commentator Chris Matthews likened the coming nomination clash to the Spanish Civil War.

That sort of hysteria aside, the stakes are indeed high. Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor have all made clear their view that the Second Amendment does not protect an individual right. And Justice Elena Kagan undoubtedly agrees with them.  At a 2009 lecture to the Harvard Club of Washington, D.C., Ginsburg went so far as to call for Heller to be overruled, telling the audience that the dissenting opinion in the case “appeal[ed] to the intelligence of a future day.” In 2016, Ginsburg reiterated her position, calling Heller “a very bad decision.”

In the coming weeks and months NRA-ILA will keep gun rights supporters up to date with the latest news regarding the nomination process and with information on what they can do to help secure a pro-Second Amendment Supreme Court that will protect the right to keep and bear arms for decades to come.  Stay tuned.


 

 

 

 

TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Washington: Permit to Purchase Bill Passes Senate

Tuesday, April 15, 2025

Washington: Permit to Purchase Bill Passes Senate

On Monday, April 14th, the Senate passed House Bill 1163, the permit-to-purchase scheme, along party lines. It will now return to the House for concurrence with amendments made in the Senate.

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

News  

Monday, April 14, 2025

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

It’s been only a few years since the San Francisco Board of Supervisors passed a resolution calling the NRA a “domestic terrorist organization.” 

Colorado: "Polis Permission Slip" Signed Into Law in a Secret Ceremony

Thursday, April 10, 2025

Colorado: "Polis Permission Slip" Signed Into Law in a Secret Ceremony

Ignoring months of advocacy and correspondence from tens of thousands of Coloradans, Governor Jared Polis has signed Senate Bill 25-003 into law.

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

The Unkindest Cut: British Crackdown on “Ninja Swords” Suggests Bias, Futility

News  

Monday, April 14, 2025

The Unkindest Cut: British Crackdown on “Ninja Swords” Suggests Bias, Futility

The United Kingdom (UK) has a long history of exerting control over its subjects, especially when it comes to depriving them of arms.  It also has a weird history, albeit a shorter one, of an apparent ...

North Carolina: Second Amendment Financial Privacy Bill Advances to House Floor

Thursday, April 17, 2025

North Carolina: Second Amendment Financial Privacy Bill Advances to House Floor

This week, the Second Amendment Financial Privacy Act, House Bill 38 (H38), passed favorably out of both the House Judiciary 1 Committee and the House Rules Committee, and is now scheduled for consideration on the House floor ...

North Dakota: Firearm Carry Enhancement Bill Heads to Governor's Desk

Tuesday, April 15, 2025

North Dakota: Firearm Carry Enhancement Bill Heads to Governor's Desk

On Tuesday, April 15th, the House concurred with Senate amendments on House Bill 1588 with a vote of 87-4. 

Michigan: Red Flag Expansion Passes Senate

Wednesday, April 16, 2025

Michigan: Red Flag Expansion Passes Senate

Yesterday, the Michigan Senate passed SB 111, a red flag expansion, along party lines. The bill will now be transmitted to the House, for further consideration. Use the Take Action link below to contact your ...

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

News  

Monday, April 14, 2025

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

Last week, the U.S. Department of Justice (DOJ) formally announced the creation of a Second Amendment Task Force with Attorney General Pam Bondi declaring, “It is the policy of the Department of Justice to use its full ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.