Justice Kennedy to retire, Trump can solidify court's conservative majority

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I randomly looked up the tenure of the justices today, and was surprised at the tenure of some current and past judges. 30 years plus in many cases, which means a relatively young judge was apponted and they had a long life free of major health concerns that would cause retirement.

With the hyper-partisan confirmation process, the 24-7 news vivisection of every SCOTUS case, and untold pressures from their friends and families to march in lockstep with their supporters, I can see why these people never want to step down and literally work until they die. RBG won’t step down because she doesn’t want a Pro 2A Justice to take her place for the next 25-30 years.

I do hope that for the rest of my lifetime I won’t have to sweat an anti 2ACourt!
 
I know guns are important to us, but should they be the only thing that is? Is no other issue that might come before the court important? What about social justice?
If you want to discuss it here, the only thing that matters is guns. If you don't believe me, ask a mod or start a thread on any other right and see how long it takes a mod to lock it.
 
Guys/gals:

As Poper stated, if a topic deviates away from guns, Supreme Court gun rights rulings etc, into different 'touchy current issues' it results in very large numbers of viewers feeling offended by comments.
 
I'm not sure what all will change with future SCOTUS gun rulings. Reciprocity is one I could see being "passed" as SCOTUS just ruled that internet sales can be taxed, which is a ruling that totally infringes on Congress' authority to regulated interstate commerce. If the internet tax via SCOTUS is ok, why isn't reciprocity? Reciprocity doesn't even involve money or any sort of tax, so it's not even commerce. It's basically you have gun, you can carry it in Times Square while Michael Bloomberg cries into a 2 liter bottle of soda at Everytown HQ.

When it comes to state/local AWB, IDK what the court can rule that does away with those. I would like to see a ruling about the tax stamp on NFA items as I don't understand how a tax on a right that "shall not be infringed" can even exist. If a Poll Tax was illegal, so too should be ALL taxes on firearms and ammunition and accessories.

I think in the coming years we'll see a case involving a firearm confiscation without due process. That decision will be as big as Roe v Wade, DC v Heller and I see Roberts siding with the Leftists on that.

We don't even know who is going to be chosen yet or if they'll be confirmed by the Senate. All we can do now is send smoke signals that the 2nd Amendment is the biggest issue SCOTUS refuses to touch and that needs to change because we have multiple circuit courts saying different things on guns.
 
Firearms is a difficult hobby to love. The enemy will always be at the gate and you are under constant stress that a new law will further erode your freedom. But I soldier on because the right to bear arms now exceeds the love of the pastime.

A pro-2nd amendment judge is no guarantee that he/she will be completely favorable to its doctrine. We will never know what is in someone’s brain or what guides their character.

My biggest fear is the appointment of an activist judge but I seriously doubt one will be in Trump’s cards. It is difficult to take such a narrow view of a replacement’s qualifications solely on their merits of supporting the 2nd amendment, but THR restricts us to that view only.

I see no landmark SCOTUS cases arising. I am satisfied with the current political position we have. Until a nominee is before us, I cannot provide any factual comments. I encourage the process to go forward and hopefully we will have a new judge in place by October. And if he/she is pro-2nd amendment, I will have a thrill up my leg.
 
Basically this is good news in terms of guns. I believe it's likely that Ruth Bader Ginsburg will also be replaced during Trump's tenure. The key is to do have it happen before too long, though I'm feeling more confident now that Trump will have a second term, though we can't know for sure.

I think Ruth may have had one or two opinions that could be construed as pro-gun, but her overall philosophy (based on my quick internet search) is that, while she may have had a very rare pro-gun opinion, she also has a very anti-2nd amendment outlook. She has said plainly that the 2nd Amendment's validity is all contingent on the militia clause in the wording. Her contention is that the militia was effectively the US armed forces in the early days of the US Constitution, and little else. Since the US now has a standing Army, the militia, and therefore the 2nd amendment, is irrelevant.

This is a wrong interpretation, because a very significant (if not the exclusive) author of the 2nd Amendment, James Madison, stated very clearly in the Federalist papers (#46) that a militia's purpose would be to repel a standing federal army, if need be. Stated more plainly, the people need to armed against the potential tyranny of a federal government, NOT armed as an agent for the federal government.

Anyway, Ruth is about 85. Sandra Day O'Connor is about the same age, and retired a dozen years ago. Ruth's mind is slipping, too. Here's Federalist #46:

Extravagant as the supposition is, let it however be made. Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth part of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it. Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. And it is not certain, that with this aid alone they would not be able to shake off their yokes. But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will and direct the national force, and of officers appointed out of the militia, by these governments, and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it
 
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Firearms is a difficult hobby to love.
Huh????
I have loved firearms as far back as I can remember. And I'm 70 years old - got my first real gun (a 22 rifle) for my 10th birthday.
Now while I'm certain that "the enemy" (as you put it) was trying to "erode" our RKBAs a lot further back than I can remember, the first I became aware of it was soon after JFK was shot, and it intensified after RFK was shot. I've been fighting for our RKBAs ever since. But the struggle sure a heck hasn't diminished my love for what you call a firearms "hobby." The "hobby" came first, and it's not difficult for me to love it.
 
Huh????
I have loved firearms as far back as I can remember. And I'm 70 years old - got my first real gun (a 22 rifle) for my 10th birthday.
Now while I'm certain that "the enemy" (as you put it) was trying to "erode" our RKBAs a lot further back than I can remember, the first I became aware of it was soon after JFK was shot, and it intensified after RFK was shot. I've been fighting for our RKBAs ever since. But the struggle sure a heck hasn't diminished my love for what you call a firearms "hobby." The "hobby" came first, and it's not difficult for me to love it.

I am the same age as you and still have the love of the pastime. The difficulty is the stress and constant vigilance of fighting the gun-grabbers who have exponentially increased their attacks since my youth.

I have other hobbies in my bucket list, e.g., woodworking, photography, antique vehicle restoration. None of those are subject to MSM attacks that threaten their existence.

I am an NRA Benefactor and continue to give contributions on a continual basis. I plan on leaving my entire gun collection to them plus and part of my estate so that future firearms enthusiasts can enjoy the freedoms, albeit diminished, I once had.

We both live in states that provide able freedoms for the gun enthusiasts. I hope you live out your life with the pleasures you have always enjoyed.
 
As somebody already stated here (or at AKfiles), Justice Ginsburg's friends and other supporters don't Want her to retire while Trump can replace her with a pro-Sec. Amendment (etc) judge.

This pressure and her own publicly-stated (or released) bias against our President might help explain why she appeared slumped over in Congress several months ago.
 
I have other hobbies in my bucket list, e.g., woodworking, photography, antique vehicle restoration
I don't see guns as a hobby, but as a way of life.
Yeah, that's the way I look at it AlexanderA. Although, I can see guns as a necessary part of many "hobbies," e.g. hunting, and all types of target shooting, formal or informal (plinking) as well as trap and skeet shooting. One might even look at guns as part of the hobby of serious backcountry backpacking, which my wife and used to do before we got old and decrepit.
But I sure can't see my self/home/loved ones defense as a "hobby." And I don't think the Second Amendment is there to protect us from infringement upon the pursuant of our hobbies.:scrutiny:
 
I don't see guns as a hobby, but as a way of life. Model railroading (for example) is a hobby.

A hobby is something you find pleasure in doing as part of your pastime. In the matter of firearms, firearm ownership is also protected by the 2nd amendment whether used in a hobby or for self-defense.

A way of life is something that is done that composes your lifestyle. I grew up in western PA; coal mining was a way of life. Crime may be one’s way of life as is drug use. You may or may not find pleasure in your way of life.

Suffice it to say, our definitions differ.
 
A way of life is something that is done that composes your lifestyle. I grew up in western PA; coal mining was a way of life.
My "lifestyle" is that of a hunter. Always has been. I grew up in southern Idaho in a hunting family. My dad, mom and both of my grandparents (who we lived with) hunted. My grandfather hunted predators (coyotes, mountain lions and bobcats) for the bounty and the pelts. If we had meat, it was venison.
That said, though I still love venison, and my wife makes the best chicken-fried venison steaks in the world, hunting has now become a "hobby" to her and me. We figured out a long, long time ago that we could buy meat at the supermarket for about a third of the cost of wild game, be it deer or elk.
Suffice it to say, our definitions differ.
Yes sir, they do. But from your previous post in this thread, I'm sure your love for our freedoms, and defense of those freedoms are just as strong and deeply rooted as my own.:)
 
If you want to discuss it here, the only thing that matters is guns. If you don't believe me, ask a mod or start a thread on any other right and see how long it takes a mod to lock it.
Bingo. Let's stay on topic please.
 
Many of you have commented on RBG and her possible replacement. One even commented on the possibility of her holding out for 2020 and another "dim" in the WH.
Remember this - she is 85 years old and anything can happen, even with the NON-ObamaCare they get. At that age, a heart attack (if she has one) or a debilitating stroke are both possible. For that, we can hope and pray that it happens sooner rather than later as, the closer we get to 2020, the more the "dims" will try and hold off until after the election, similar to the way Garland was left hanging.
 
Many of you have commented on RBG and her possible replacement. One even commented on the possibility of her holding out for 2020 and another "dim" in the WH.
Remember this - she is 85 years old and anything can happen, even with the NON-ObamaCare they get. At that age, a heart attack (if she has one) or a debilitating stroke are both possible. For that, we can hope and pray that it happens sooner rather than later as, the closer we get to 2020, the more the "dims" will try and hold off until after the election, similar to the way Garland was left hanging.
If she were to have a medical condition pop up then even at this point there might have to be some wheeling and dealing to get not 1 but 2 more justices in during this administration (assuming single term). I would say our best bet on the 2a front would be for a pair of right leaning moderates, the more leaning the better. It’s just not the right social climate to push that agenda right now, it could easily lead to bloodshed and major clashes from demonstrating groups. Not that I am hopeless, I just think that right now a slow push is a lot safer than a sudden shove.
 
Many of you have commented on RBG and her possible replacement. One even commented on the possibility of her holding out for 2020 and another "dim" in the WH.
Remember this - she is 85 years old and anything can happen, even with the NON-ObamaCare they get. At that age, a heart attack (if she has one) or a debilitating stroke are both possible. For that, we can hope and pray that it happens sooner rather than later as, the closer we get to 2020, the more the "dims" will try and hold off until after the election, similar to the way Garland was left hanging.


I really don’t wish a medical emergency, condition, or death upon anyone.

I may disagree with Ginsburg but I don’t wish anything befall her.
 
If she were to have a medical condition pop up then even at this point there might have to be some wheeling and dealing to get not 1 but 2 more justices in during this administration (assuming single term). I would say our best bet on the 2a front would be for a pair of right leaning moderates, the more leaning the better. It’s just not the right social climate to push that agenda right now, it could easily lead to bloodshed and major clashes from demonstrating groups. Not that I am hopeless, I just think that right now a slow push is a lot safer than a sudden shove.

It’s funny my son says I’m very right wing. I’ve always been very centrists and independent. But with the far left going off the rails I probably do seem right wing. I know on the 2nd Amendment my position has gone hard right or Liberitarian. In other words, I have shifted to no restrictions, full National reciprocity, repeal of NFA etc.

As far as the courts go, if being right wing means following the law and especially the Constitution then I’m far right. But I do think like the silent majority who is somewhere in the middle with being right wing on some issues and leaning left on others.

So it’s simple if the judges aren’t activist and try to legislate from the bench I th8nk we’ll be fine.

I too don’t want I’ll of others, but when they put activism ahead of our nation, and when they don’t respect the Constitution then I think they need to go. I’ve said it before and I’ll repeat that we need to be more active as our enemies aren’t going to bow down, some here don’t like that, but if we don’t find ways to counter them we’re doomed.

So voting, and boycotting companies like Dicks is a great start. Hopefully we’ll never have to exercise the 2nd for its ultimate
Prescribed check on the second. And hopefully Gorsuch and the next pick will have a long term calming affect. I saw on CNN.com articles that showed a shift. Basically an acceptance that Trump will make the picks and there’s not much they can do. So while there will be protests, hopefully they’re the end of the resistance not the beginning of a civil war as some say.

So not to speculate, and to stay true to the point of the discussion. We have to keep doing the right things. This midterm election is as critical as the last presidential. From there we still need to be aggressive and vocal and work to regain the lost momentum we suffered after the Las Vegas shooting. Getting national reciprocity would be huge and the courts may be the way if the SC will hear a few cases. After that a harder win would be getting suppressors off of the NFA. I doubt a court challenge will be heard here so we need more pro 2nd lawmakers.
 
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With Kennedy's replacement being presumably strongly pro-gun, that would make the 4 votes that it takes to grant certiorari. So at least the Court could start clearing the logjam of 2A cases. But then it would be up to Roberts to determine the final outcome. His position is a big question mark, and he may well end up not being our friend. We need one more pro-gun Justice.

One thing to bear in mind is that if the Court becomes too conservative, the Democrats, when they come back into power, will increase the membership to 11 or 15 Justices (court packing). FDR failed to do that in the 1930's, but there were a lot of conservative Democrats back then. Today the Democratic Party is far more to the left. They will do this, and then the 2A will once again be in danger.
 
One thing to bear in mind is that if the Court becomes too conservative, the Democrats, when they come back into power, will increase the membership to 11 or 15 Justices (court packing).
My initial (admittedly knee-jerk) response was that this just isn't going to happen; but the more I think of it, the more logical (and dangerous) it becomes. The rationale would be, there are just too many cases for the 9 Justices to hear. Why not increase the court to, say, 27 Justices, with 9 being selected to hear each case, like in the 9th Circuit? Result: All the power goes to the Chief Justice who assigns Justices to the individual cases. Scary thought.:what::eek::(
 
Many of you have commented on RBG and her possible replacement. One even commented on the possibility of her holding out for 2020 and another "dim" in the WH.
Remember this - she is 85 years old and anything can happen, even with the NON-ObamaCare they get. At that age, a heart attack (if she has one) or a debilitating stroke are both possible. For that, we can hope and pray that it happens sooner rather than later as, the closer we get to 2020, the more the "dims" will try and hold off until after the election, similar to the way Garland was left hanging.
The actuarial tables care not one whit for "social justice".

The odds are that she'll be replaced by Trump.

One step closer to strict scrutiny for gun owner rights...
 
Kennedy’s replacement is going to happen. Perhaps before November. Maybe even before September if McConnell can wrangle all the monkeys to vote.

RBG won’t go willingly and the government does a really good job of keeping the elite alive...look at GHW Bush...or Dick Cheney. When money and access is not a problem, you might add decades to your life.

Oliver Wendell Holmes served until 90. Maybe RBG can hold out for 2024. What If she still possesses mental acuity at 100 years old? The president in 2036 could appoint her successor.
 
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