SCOTUS DENIES ALL 10 GUN CASES GOING FOR CERT!
BOOGALOO BOYZ CHECK AR's & IRON HAWAIIAN SHIRT?
by Theresa Inacker for Black Wire Media Mon. June 15, 2020
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Denials, Infringement and a Hobson’s Choice. Are YOU ready for "The Boog" (the 2nd American Revolution)?
Today, the Supreme Court of the United States (SCOTUS) declined ten (10) petitions for certiorari—a request to be heard on Second Amendment issues. Three cases arose out of New Jersey’s toxic 2A environment; Ciolek, Cheeseman and Rogers. The denials for Cheeseman and Ciolek were provided without written explanation, but Rogers came with a fiery and impassioned dissent issued by Justice Clarence Thomas, agreed upon, in part, by Justice Kavanaugh. All three cases challenged the effective total ban on concealed carry in New Jersey and its impossible “justifiable need” standard.
The denials mean that the Court will not hear or consider the substance of the cases. No decision was made on the merits. But since the status quo is so harmful to New Jersey residents who want the right to defend ourselves outside the home, these come as a severe blow.
The Court effectively said the infringements may continue, unfettered.
Justice Thomas said: “In short, it would take serious linguistic gymnastics—and a repudiation of this Court’s decision in Heller—to claim that the phrase “bear Arms” does not extend the Second Amendment beyond the home.” (THOMAS, J. dissenting from denial of certiorari, 590 U.S.____, 7 (2020).
The Court’s repeated declination to hear Second Amendment challenges, which has spanned about a decade, mounts to the level of dereliction of duty. It is recognized by several members of the Court, that Heller and McDonald cases are being improperly applied by lower courts and our civil rights are being violated. This manifests in deep frustration for Second Amendment advocates like those of us behind hostile enemy lines. We merely want the freedom to exercise our human right, codified in our Constitution, what the Court already held in Heller, and what the majority of the country already recognizes—nothing more.
What the Court has done is forced us into a situation known as a Hobson’s choice. In New Jersey, you step outside your door vulnerable, unarmed and defenseless with an ever-increasing likelihood of bodily harm or death. The alternative is that you do carry a firearm, even if it is your lawfully-purchased, background checked, NJ compliant firearm, and commit a felony by doing so. What kind of a choice is this? Death or felony? It is no choice at all.
By nature, the law-abiding are just that: law-abiding. This creates a sickening situation for people who are reluctant to break the law. This is not a minor offense in New Jersey. The courts in New Jersey have held that one owns a firearm at his/her own peril, and that was simply for keeping a gun inside your home.
Second Amendment advocates in New Jersey have been all about the rule of law, utilizing the three branches of government as properly intended, petitioning for a redress of our grievances. That only works when the three branches perform the duties they are prescribed to do.
It may not seem that serious yet, but considering that all levels of the courts refuse to act as the firewall against unconstitutional intrusions, there really is nothing stopping radical government from tightening the grip even more, banning more than just commonly-used magazines and firearms, perhaps even banning all firearms. The courts are signaling that they will not stop them.
Many are asking, what to do now? We continue to fight, we file more cases and hope to get relief from the Third Circuit Court of Appeals. But you should be prepared that the anti-rights cadre has been given license to continue the infringement. AT OUR EXPENSE!
EDITOR's NOTE:
Theresa Inacker is an attorney admitted to practice law in front of the US Supreme Court. As a former Editor of the Seton Hall Constitutional Law Journal, she has studied the Supreme Court at-length. Her analysis is spot-on and brings to light the inevitable response by Patriots to do what's required to stay alive and face the consequences later OR simply risk DEATH. It's the "Jersey 2-Step": Do what you have to when you have to do it and tell no one. Only your dry cleaner knows you're gettin' your Hawaiian shirts pressed, lol (are they essential?).
Of course it goes without saying, but we need to say it anyway! The legalese:
No part of this article is to be construed as suggesting, implying, condoning, asking for or encouraging readers to commit felonies by doing ANYTHING contradictory to the laws of NJ and/or the USA.
---The Editor