We were fortunate that 5 Supreme Court Justices in Heller and McDonald confirmed the Second Amendment as an individual right to armed self defense and must be applied to all levels of government. And, in case you forgot, we were fortunate that Bush, often labeled not pro-2A enough for making the same comment as Romney, appointed Alito and Roberts as Justices to make that pro-2A majority and obtain that opinion.
However, the minority opinion by the other four Justices was that the Second Amendment:
- did not protect a private right of armed self-defense
- does not apply to the states
- does not apply to individuals outside of the militia context
If there were five, instead of four, anti-Second Amendment Justices the RKBA would have been effectively written out of the Bill of Rights.
It could still happen. The composition of the Court can change and prior decisions can be overturned.
Four US Supreme Court Justices (Scalia, Kennedy, Breyer and Ginsburg) will be 80 or older, and two, Thomas and Alito above 65, by the end of Obama's second term. He could likely appoint 4 more Justices if he is re-elected - all of whom will be making momentous decisions about our lives for decades to come. An anti-2A Court would be free to re-define and dismantle the RKBA out of existence. The current anti-2A Justices have already stated their intention to do exactly that.
Anti-Second Amendment Justice Ginsberg has stated that the majority opinions in this case are “grievously mistaken”, that minority opinions would be used to rewrite legal history and create a purely “collective right connected to the militia” and she looks forward to the day a “future, wiser court“ overturns Heller. John Paul Stevens recently told Time magazine the one thing in particular he would change about the American judicial system “I would change the interpretation of the Second Amendment. The court got that quite wrong.”
Obama appointed anti-Second Amendment Justices, Sotomayor and Kagan. Given the opportunity he will do it again. All they need is one more like minded Justice to get a majority of five anti’s and implement their stated agenda through the courts.
Valerie Jarrett, the most influential senior adviser to President Obama, was recently addressing other Obama senior staffers… “After we win this election, it’s our turn. Payback time. Everyone not with us is against us and they better be ready because we don’t forget. The ones who helped us will be rewarded, the ones who opposed us will get what they deserve. There is going to be hell to pay..... Congress won’t be a problem for us this time. No election to worry about after this is over and we have two judges ready to go.”
If the Supreme Court becomes majority anti-2A, we’ll never see a pro-RKBA victory again in our lifetime.
There are already more RKBA cases headed to the Supreme Court involving the private right of carry and armed self-defense outside the home, the heavy restrictions in places like Chicago and Washington DC, whether police can arbitrarily deny firearm permits to law abiding applicants, and whether governments can ban entire classes of popular firearms.
In addition, since taking office, Obama has appointed 125 anti-RKBA liberals to federal judgeships, including 25 to appellate courts. At present, there are 86 vacancies on district and appellate courts, 39 of which already have pending nominees before the Senate. It’s not in gun owners best interests to give him a second term and the opportunity to appoint more anti-2A judges and justices.
Though there are a few folks revising and misrepresenting his record, Romney has a much better record and a much better choice for gun owners than Obama. He is campaigning on appointing pro-2A conservative Supreme Court Justices like Roberts, Scalia, Thomas, and Alito. While Justices don't always vote the same way, these four Justices have consistently ruled in favor of the RKBA.
In order to do that, we have to fire Obama and hire Romney. If gun owners don’t care about a pro-RKBA Supreme Court, why should the rest of the voters?