Clarence Thomas rebukes California and 9th Circuit over gun control
On Tuesday, the Supreme Court turned down a challenge to California’s 10-day waiting period for purchasers who are already licensed and own registered weapons. In his dissent, Thomas accused the court of bias against the Second Amendment, opining that the high court would have considered challenges to a waiting period on things such as abortion.
The Court also refused to hear a challenge to a law imposing gun sales fees that go toward enforcement against illegal guns purchasers.
Thomas blasts SCOTUS for gun bias
The high court denied a petition to hear a case challenging California’s “cooling off period” for gun purchases Tuesday. California law requires gun buyers, including those with concealed carry licenses and who have passed background checks, to wait 10 days before receiving their guns.
Plaintiffs Jeff Silvester and Brandon Combs, two legal gun owners, alongside the Calguns Foundation and the Second Amendment Foundation, challenged the waiting period in 2011 on the basis that it invalidated the Second Amendment rights of licensed gun owners who already have registered guns. Their complaint, which received a favorable ruling in district court, was reversed by the 9th U.S. Circuit Court of Appeals.
“If a lower court treated another right so cavalierly, I have little doubt this court would intervene,” Thomas wrote in his dissent. “But as evidenced by our continued inaction in this area, the Second Amendment is a disfavored right in this court.”
The Court also refused to consider a challenge by the National Rifle Association to a law that requires fees on firearms purchases go towards funding programs to track illegal guns, purchasers. That challenge rested on the notion that criminal misuse of guns is not legally related to the legitimate use of firearms by licensed gun-owners.
That law was also upheld by the 9th Court.
Abortion good, guns bad
Thomas accused the court of singling out the Second Amendment to be cavalierly dismissed, writing that the high court would have had no problem challenging waiting periods for things such as abortion.
Rights not secured by the Constitution get a more sympathetic hearing from the high court that the right to bear arms, he said, noting that the SCOTUS has not heard a significant case on gun rights in over eight years.
Whereas four members of the high court would have agreed to hear cases on waiting periods for abortions and publication of racist speech, gun rights get short shrift, he said.
“The Court would take these cases because abortion, speech, and the Fourth Amendment are three of its favored rights,” Thomas wrote. “The right to keep and bear arms is apparently this Court’s constitutional orphan. And the lower courts seem to have gotten the message.”
Lower courts like the 9th Circuit have taken the high court’s cue on gun rights, he said.
Thomas criticized the 9th U.S. Circuit Court of Appeals’ decision in 2016 to reverse a previous favorable ruling by the district court, calling its decision “symptomatic of the lower courts’ general failure to afford the Second Amendment the respect due an enumerated constitutional right.”
It’s a good thing we have justices like Thomas who don’t let partisan prejudices tip the scales.
Source:>>>>>>>>>>Here
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