~ This Is So Discouraging! ~ The Supreme Court has ducked and run, leaving the 2nd Amendment to continue writhing in pain. One important basis for Supreme Court jurisdiction is to settle and resolve differences between the positions announced by two or more District Courts of Appeal. In a major announcement this morning, the Supreme Court refused to hear Drake v. Jerejian, a case challenging the constitutionality of New Jerseys arbitrary rules governing the right to carry handguns in public for purposes of self-defense. Thus, there is a major difference between the 3rd Circuit and the 7th Circuit. This case would have been an opportunity for the Supremes to say, We really meant what we said in Heller (Washington, DC) and McDonald (Illinois). They chose, instead, to let lower Courts continue the confusion. Into this gap will slide the most liberal Court of Appeals in the nation, the 9th Circuit, to review the ruling earlier this year which found Californias required proof of need to carry a concealed weapon to be unconstitutional (at least in some municipalities). After a 9th Circuit ruling, the Supreme Court may not be able to continue ducking and running.
Posted on: Mon, 05 May 2014 19:19:10 +0000