Explore The NRA Universe Of Websites

APPEARS IN News

Justice Kavanaugh

Monday, November 19, 2018

Supreme Court Associate Justice Brett M. Kavanaugh. Sounds pretty good, doesn’t it?

But the journey from nomination to confirmation was anything but good. In fact, it was an embarrassing spectacle.

America watched in shock as the left did everything it could to tear down an honorable man with a stellar judicial track record spanning more than a decade on the D.C. Circuit Court of Appeals.

In the end, though, Brett Kavanaugh was successfully confirmed on October 6.

Had the Kavanaugh confirmation been completely derailed, the Supreme Court would have remained with only eight justices until a new nominee could be confirmed. And those eight justices are evenly split when it comes to the Second Amendment. In other words, four respect the original intent of our Founding Fathers and support our individual right to keep and bear arms, while the other four support virtually unfettered restrictions on law-abiding gun owners.

Without Justice Kavanaugh’s confirmation, Second Amendment-related cases heard by the Supreme Court would have likely received a 4-4 split decision, leaving intact previous rulings. Thus, an anti-Second Amendment ruling handed down by a lower court would remain in effect in the jurisdiction covered by that court.

Because many firearm-related cases could soon be taken up by the Supreme Court, Justice Kavanaugh’s confirmation came not a moment too soon.

One such case, New York State Rifle & Pistol Association (NYSRPA) v. City of New York, challenges the constitutionality of Title 38 of the Rules of the City of New York.  The suit states that the rules infringe upon the Second Amendment by denying the right to possess and carry a firearm for personal defense, as well as by prohibiting residents from practicing at a firearms range or participating in shooting events located outside the borders of the City of New York. The rules were upheld by the U.S. Court of Appeals for the Second Circuit earlier this year, and an appeal to the Supreme Court has been filed.

Another important case, Rogers v. Grewal, challenges New Jersey’s “may issue”carry permit system, which requires permit applicants to show a “justifiable need”before they will be issued a permit to carry a concealed firearm. Rogers argued the “justifiable need”standard for carry permits was declared unconstitutional in Wrenn v. District of Columbia in 2017, so New Jersey’s standard should also be held as unconstitutional.

Wrenn, however, was decided in the U.S. Court of Appeals for the D.C. Circuit, and New Jersey falls under the purview of the Third Circuit. The Rogers case was dismissed due to the precedent in another case ruled on by the Third Circuit in 2013, Drake v. Filko, where the court held that the “justifiable need”standard was found to be constitutional. Rogers is on appeal to the Supreme Court, which will hopefully take up the case due to the conflicting rulings at the circuit court level.

Finally, there is Worman v. Baker, which challenges the constitutionality of the Massachusetts law that bans countless semiautomatic rifles and standard-capacity magazines. A federal judge has already ruled against the challenge, using a tortured misreading of the landmark Heller case, and the case could very well make it to the Supreme Court next year.

During his confirmation hearing, Justice Kavanaugh had an exchange with anti-gun Senator Dianne Feinstein that made clear just how important it was to the pro-gun community that he ascend to the Supreme Court. Feinstein questioned Kavanaugh’s dissent in a case that upheld a D.C. “assault weapon”ban, where he argued that such firearms are“in common use”and therefore protected under the Supreme Court’s Second Amendment precedent in Heller.

Feinstein made the ridiculous claim that “assault weapons” may be commonly owned but are not in common use. Judge Kavanaugh calmly pointed out that so-called “assault weapons”are, in fact, in common use,explaining that they are in the homes of millions of law-abiding Americans and there is no legal distinction between ownership and use.

It is because of such views that NRA, and all law-abiding gun owners, needed Justice Kavanaugh on the Supreme Court. We should all be thankful he was willing to endure the unprecedented personal smear campaign launched against him by those who will clearly do anything in order to oppose our constitutional freedoms.

IN THIS ARTICLE
Brett Kavanaugh
TRENDING NOW
Florida Alert! Gun Bills Filed in Florida - SO FAR

Friday, January 15, 2021

Florida Alert! Gun Bills Filed in Florida - SO FAR

As Legislators begin to file bills for the 2021 Florida Legislative Session, we are getting questions about various bills due to media reports on gun bills.  Below is a partial list of bills we will ...

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

News  

Tuesday, January 19, 2021

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

Biden issued this “pledge” in a January 8 tweet that falsely tried to suggest the men and women of the NRA were somehow implicated in an infamous crime that was committed a decade ago by ...

NRA Dumps New York to Reincorporate in Texas, Announces New Strategic Plan

News  

Friday, January 15, 2021

NRA Dumps New York to Reincorporate in Texas, Announces New Strategic Plan

Today, the NRA announced a restructuring plan that positions us for the long-term and ensures our continued success as the nation’s leading advocate for constitutional freedom – free from the toxic political environment of New ...

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

Biden to Nominate Anti-Second Amendment Judge Merrick Garland for Attorney General

News  

Thursday, January 7, 2021

Biden to Nominate Anti-Second Amendment Judge Merrick Garland for Attorney General

President-elect Joe Biden announced he will nominate U.S. Court of Appeals for the District of Columbia Circuit Judge Merrick Garland for Attorney General. Biden’s choice of a noted Second Amendment opponent to lead the Department ...

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Tuesday, November 10, 2020

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Although the 2021 session of the Texas Legislature convenes on January 12, gun control advocates financed by New York billionaire Michael Bloomberg and Beto "Hell Yeah, I'll Take Your Guns" O'Rourke wasted no time in announcing their ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Double-Standard: Virginia Eliminates Online Carry Courses While Promoting Distancing for Everything Else

News  

Tuesday, January 19, 2021

Double-Standard: Virginia Eliminates Online Carry Courses While Promoting Distancing for Everything Else

As part of Virginia Gov. Ralph Northam and the General Assembly’s sweeping attack on gun rights in 2020, anti-gun lawmakers enacted legislation that made it more difficult for gun owners to obtain the required training ...

Montana: House Passes Permitless Carry Legislation

Friday, January 15, 2021

Montana: House Passes Permitless Carry Legislation

Yesterday, the Montana House passed self-defense legislation, House Bill 102, by a 66 to 31 vote. 

OCC Finalizes Non-Discrimination Rule

News  

Tuesday, January 19, 2021

OCC Finalizes Non-Discrimination Rule

On January 14, the Office of the Comptroller of the Currency (OCC) finalized an NRA-supported rule to end politically-motivated discrimination in the provision of financial services. The new regulation is now set to take effect on April ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.