Exercising the Right

Supreme Court Might Rule on the Second Amendment

The Washington Times reported on November 26 that the recent appointment of Amy Coney Barrett to the Supreme Court has pro-gun groups optimistic about the future. Alan Gottlieb is the founder of the Second Amendment Foundation, and his organization is already preparing plaintiffs for future lawsuits. The court has declined to take up Second Amendment cases in recent years, but activists such as Gottlieb believe that Barrett’s appointment will result in the court getting involved in a case and potentially making a groundbreaking ruling. Gottlieb explained to the Washington Times that having Justice Barrett “on the court, we think we really have six pro-gun votes and while Roberts has obviously been reluctant to hear a case, now I don’t think he has much of a choice…. I think the court’s going to hear a case.” 

Gottlieb already has filed suits, along with the Firearm Policy Coalition, in multiple states, with the long-term goal of taking their cases to the Supreme Court. This mad rush to get cases filed is based on the idea of being prepared to sue to challenge any anti-gun executive orders issued by Biden. Biden has already made it known that he plans to ban AR-15s and implement other types of excessive gun-control measures.

Professor Josh Blackman from the South Texas College of Law Houston told the Washington Times that it’s only a matter of time before the court gets involved and makes a major ruling: “I think Justice Barrett would push the court to take one of these cases…. [Justice] Roberts can’t be a wuss any more — he’s going to have to go along.” Blackman added that it could take years before a case makes its way up to the highest court, but it will happen.

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