Why We Need SCOTUS
Back In the 2A Business
By Miguel A. Faria, MD. September 26, 2020
Some readers were surprised to learn from my previous article on this subject that the Supreme Court of the United States has not made it clear that the right to keep and bear arms is protected outside the home. "How can that be?" they asked. Further perplexed, they wondered, "But what about the SCOTUS decisions in the previous decade that supported the Second Amendment as an individual right to keep and bear arms?"
Well, yes, in a 5-4 decision in District of Columbia v. Heller, the Supreme Court struck down Washington, D.C.'s handgun ban, and in McDonald v. Chicago in a very similar 5-4 decision, it struck down Chicago's draconian handgun ban.
But these 5-4 decisions have been hanging by threads. Chief Justice John Roberts has become an unpredictable vote and unreliable as a constitutionalist. Moreover, the liberal justices' dissent at the time provided a clear warning: the Supreme Court is just one vote away from reversing Heller and McDonald.
But even with these decisions standing, the courts and Congress seem to have abdicated their duty to vigorously interpret the Second Amendment's right to keep and bear arms in light of these two affirming decisions.
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Although even the First Amendment has been ever more under attack of late, it is still the Second Amendment that has continued to be the most consistently attacked and infringed section of the Bill of Rights. It is to be hoped that if the new appointee to SCOTUS is confirmed we just might hope to eventually see a very significant improvement in decisions that can reafirm the true status of the 2A, which is long overdue.
