|
nChrist
|
 |
« Reply #1 on: June 10, 2016, 06:28:21 PM » |
|
________________________________________
The Patriot Post Digest 6-10-2016
From The Federalist Patriot
Free Email Subscription
________________________________________
FEATURED RIGHT ANALYSIS
Another Second Amendment Clown Act by the Ninth Circus14
By John J. Bastiat
“The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is ingulfing insidiously the special governments into the jaws of that which feeds them.” —Thomas Jefferson, letter to Judge Spencer Roane, 1821
A little over two years ago, we wrote about a surprisingly rational decision by the Ninth Circuit Court of Appeals, a.k.a. the “Ninth Circus” — so named for its consistently asinine decisions, especially those dealing with the U.S. Constitution and its interpretation. The title of our missive was “The Ninth Circus Gets One Right15.” Except not so fast. The wheels of injustice are slow but steady over at the Ninth, and after wending its way through the system as a 2-1 Ninth Circuit panel “win” for the Second Amendment, the surprisingly rational decision was reversed by the en banc court (i.e., the full court). In revisiting Peruta v. City of San Diego, the Ninth ruled that “there is no Second Amendment right for members of the general public to carry concealed firearms in public.”
It’s a Supreme Court layup, if at this point a very dangerous one.
Under the court’s twisted line of reasoning, though a Second Amendment right to keep and bear arms does exist — as Supreme Court decisions District of Columbia v. Heller (2008.) and McDonald v. Chicago (2010) definitively ruled — under California law, applicants for concealed-carry licenses must show “good cause” to state law enforcement officials to actually exercise that right by carrying a concealed firearm.
The court then issued one of the most mealy-mouthed sentences in the history of jurisprudence: “The Second Amendment may or may not protect, to some degree, a right of a member of the general public to carry firearms in public.” What? “May or may not”? “Some degree”? “Member of the general public”? “In public”?
Along those lines, let us just say that we may or may not, to some degree, understand anything the Ninth is trying to say. So let’s recap: 1) A right to keep and bear arms exists under the U.S. Constitution; but 2) That right doesn’t really exist in California. If it did, an utterly subjective “good cause” would not be necessary to exercise it.
As to the question of open-carriage of firearms, it should go without saying — at least in our minds — that if the Ninth is going to deny concealed carry (after all, who can meet the ever-exacting “good cause” standard?), despite SCOTUS having ruled a right to “keep and bear arms” indeed exists, then open-carry should be a-ok. Maybe, maybe not. To some degree. For some in the “general public.” Sure. Whatever.
Dissenting Judge Consuelo María Callahan noted, “The defendant counties' limited licensing of the right to carry concealed firearms is tantamount to a total ban on the right of an ordinary citizen to carry a firearm in public for self-defense. Thus, plaintiffs' Second Amendment rights have been violated.” And that is exactly the effect this ruling would have if upheld by the Supreme Court.
Indeed, this sad tale of judicial wrongheadedness once again reminds us of how great the loss of Justice Antonin Scalia16 was, and how critical will be the election of the next president of the United States. A solid, centered Supreme Court is required to maintain constant vigilance against the stupidity of decisions like this one from the Ninth, which tends to have more than its fair share of such decisions. In any case, one thing is certain: If Hillary Clinton wins, she’ll appoint progressives to replace Justice Scalia and two or three more justices. And with that, we can all say goodbye to the Second Amendment as we know it.
MORE ORIGINAL PERSPECTIVE
ANALYSIS: The UN Is Creating Strife by Keeping Peace17
McConnell to Conservatives: You Ask Too Much18
Anti-Conservative Study Given Wrong Diagnosis19
TOP HEADLINES
Obama Expands U.S. Role in Afghanistan20
Three Phoenix VA Execs Fired — Two Years Too Late21
Prosecutors Withheld Evidence in Freddie Gray Officer Trial22
For more, visit Patriot Headline Report23
OPINION IN BRIEF
Jonah Goldberg: “The other day, former CBS News darling Katie Couric was speaking at an event organized by something called ‘TheWrap.’ … She was asked about … the fact that she deceptively edited a gun rights group’s response to a question to make the members seem like dangerous idiots. … ‘I can understand the objection of people who did have an issue about it,’ Couric said. … ‘Having said that, I think we have to focus on the big issue of gun violence. It was my hope that, when I approached this topic, that this would be a conversation starter.’ … A Central Michigan University professor claimed last year that she was punched in the face at a Toby Keith concert for being a lesbian. She later admitted that she actually punched herself, but said it was worth it because she wanted to start a dialogue. … I don’t think people appreciate how pernicious and widespread this crowdsourced totalitarianism really is. Routine lies in the service of left-wing narratives are justified in the name of ‘larger truths,’ while actual truth-telling in the other direction is denounced as hate speech or ‘triggering.’ … The last thing progressives want is to start an honest conversation. They want to have their conversations — and only their conversations.”
SHORT CUTS
For the record: “In endorsing Mrs. Clinton this past week, President Obama declared her the most qualified person to ever seek the office. … Mrs. Clinton got to where she is in life by marrying a man who would become president. She then used his fame to build her own. This and a female reproductive system are apparently greater qualifications for office than leading a revolutionary war against Great Britain (Washington), serving as Governor of Virginia and writing the Declaration of Independence (Jefferson), or writing the American constitution and most of the Federalist Papers (Madison).” —Erick Erickson
Good question: “Seeing as liberals now maintain that gender and race are matters of individual choice and personal identification instead of biology, isn’t it hypocritical of them to make such a fuss over the possible election of a person to the presidency just because she was born a female?” —David Limbaugh
Braying Jenny: “We had absolutely overwhelming disclosure. Were there one or two instances that slipped through the cracks? Yes. But was the overwhelming amount of anything that anybody gave the [Clinton] Foundation disclosed? Absolutely. And I’m proud of the Foundation.” —Hillary Clinton with an absolutely overwhelming lie
Non Compos Mentis: “I am thankful that — as a nation — we have put [‘Don’t Ask, Don’t Tell’] behind us… Here in the IC [Intelligence Community], we have the chance to lead by example… In IC facilities … you can use whatever restroom you feel comfortable and safe in.” —Director of National Intelligence James Clapper
You didn’t build that! “Anybody here have a smartphone? In this smartphone, almost everything came from federal investments in research. … They say Steve Jobs did a good idea designing it and putting it together. Federal research invented it.” —Nancy Pelosi
Late-night humor: “Despite Hillary Clinton clinching the Democratic nomination, Bernie Sanders vowed to stay in the race and told supporters in Los Angeles that the struggle continues. The struggle to understand math?” —Seth Meyers (Well, math IS every Socialist’s biggest struggle.)
Semper Vigilans Fortis Paratus et Fidelis!
Managing Editor Nate Jackson
Join us in daily prayer for our Patriots in uniform — Soldiers, Sailors, Airmen, Marines and Coast Guardsmen — standing in harm’s way in defense of Liberty, and for their families. |
