Is it good that Clarence Thomas is authoring the opinion in New York State Rifle & Pistol Assoc?

Discussion in 'General Gun Discussions' started by Aim1, Oct 27, 2021.

  1. kwguy

    kwguy Member

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    It’s almost like they understood human nature, and wanted even MORE language in there to further clarify and prevent the twisting of the intent.

    Weird!
     
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  2. 230RN
    • Contributing Member

    230RN I keep pushing that pendulum back.

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    I guess they didn't want to leave certain rights left to the vagaries of "unenumerated" rights. Good foresight to spell them out in yet more words, n'est-ce pas?

    As I've noted persistently and annoyingly, the brevity of the Second Amendment indicates they really, really meant it, no kiddin' around.
     
    Last edited: Oct 31, 2021
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  3. coloradokevin

    coloradokevin Member

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    Based on the statements Thomas (a quiet justice overall) has made about the 2nd Amendment in the past five years, this is excellent news! He may, in fact, be the best person to write for the majority on 2nd Amendment rights.

    Allow me to share an excerpt from a news article from a couple of years ago:

    QUOTE:

    "Thomas, in an opinion released on Tuesday, criticized the courts for a “general failure to afford the 2nd Amendment the respect due an enumerated constitutional right.” He was writing a dissent after his colleagues declined to take up a challenge to California’s 10-day waiting period as it applies to individuals who already own guns.

    “The lower courts are resisting this court’s decision” in Heller, Thomas complained, “and are failing to protect the 2nd Amendment to the same extent that they protect other constitutional rights.”

    The 69-year-old justice also turned to his own colleagues on the bench bemoaning the fact that there haven’t been the necessary four votes to take up a major 2nd Amendment related case since Heller.

    “If a lower court treated another right so cavalierly, I have little doubt that this court would intervene,” Thomas said. “The 2nd Amendment is a disfavored right in this court.”"

    No other justice joined Thomas’s dissent in the California case, but conservative Justices Neil Gorsuch and Samuel Alito have chimed in with similar sentiments concerning other cases.
     
  4. coloradokevin

    coloradokevin Member

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    Ugh. I was hoping that I had just missed that they were somehow further along in this process. Unfortunately it sounds like they just simply haven't heard this case yet! Still, when the time comes I sure would appreciate a situation where Thomas gets to write the opinion of the court!
     
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  5. Howland937

    Howland937 Member

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    Nope, you haven't missed anything. Just hope our horse doesn't get too tired chasing the cart.
     
  6. Poper

    Poper Member

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    Kinda like "I double dare you to cross this line." Yet our politicians did, and continue to do so to this very day.
    I have often wondered why GCA was allowed to pass by the people and have discussed it thoroughly with my siblings and late father. The conclusion we pretty much agreed on was that the majority of the population of the time was war weary and the WWII generation was making the laws / rules. The last thing they wanted to see was their children and grandchildren embroiled in another such conflict, this time most likely with nuclear weapons - I.E. WWIII. The attitude of many the WWII vets that saw combat (my grandfather was at the Operation Torch landings and fought the Germans across the Mediterranean and through Italy until Germany surrendered) - and his attitude was such that he did not appreciate the war in SE Asia at the time and wanted dearly to keep my uncle from going to war. (unsuccessfully)
    Funny thing, though, I think my grandfather would be appalled at what our government has become since he passed in 1996. I know he was not happy with the Clinton Administration and he was a staunch FDR Democrat until the day he died. I think the social upheaval of the time and the relatively quick succession of political assassinations in America (JFK, MLK and RFK) convinced people in general that a little less freedom might be a good thing.
     
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