r/gunpolitics • u/CuppieWanKenobi • 18d ago
A Closer Look at Thomas' Takes Down of Hawaiian Supreme Court's Rejection of Individual 2A Right
https://bearingarms.com/camedwards/2024/12/10/thomas-takes-down-hawaiian-supreme-courts-rejection-of-individual-2a-right-n122711843
u/AlphaTangoFoxtrt Totally not ATF 18d ago
At the end of the day it's interlocutory. SCOTUS was not going to take it. I know dooming is popular but I don't see the point here. SCOTUS is the court of final review and they have made it clear they are not interested in preliminary or interlocutory cases outside a few fringe issues.
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u/Bright_Crazy1015 17d ago
That's why they keep pushing, though.
They know they will get away with it.
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u/AlphaTangoFoxtrt Totally not ATF 17d ago
Remember that segregation didn't end with Brown v. Board, it took over 20 years and multiple more cases.
Be patient, these laws didn't go up overnight, they won't come down overnight
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u/Bright_Crazy1015 17d ago
We don't have a choice.
I just hope that we have the velocity granted by proper funding to get our lawsuits front and center in a reasonable time frame.
We can't keep on with the 6-10 year standard for something to hit SCOTUS.
It's recently been much shorter, but still, we should expect courts to address cases within 2 years.
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u/Triggs390 15d ago
I found this quote rather interesting:
Instead, he could argue only that the Second Amendment categorically forbids state licensing regimes. Because that is not the case, the court held, Hawaii’s prohibitions on unlicensed carry “do not graze Wilson’s Second Amendment right.”
I think Thomas including "the court held" implies he does not agree that the 2nd amendment allows state licensing regimes. Thomas likely just doesn't have enough votes to sign on to that.
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u/AlphaTangoFoxtrt Totally not ATF 15d ago
He doesn't. Kav and Roberts explicitly said they're ok with shall-issue permits that are not unduly expensive.
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u/Bright_Crazy1015 17d ago
The ego of states' Supreme Court justices never ceases to amaze.
I would love to see SCOTUS actually let them have it just once or twice. Send the FBI in with a US Attorney and publicly arrest, then serve a judge a summons to federal court, with a bail, to face the consequences of their actions, please!
They should be treated the same as any other citizen, and the rest of us don't get a call from our lawyer or mailed a summons.
We get warrants.
Treat them the same.
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u/u537n2m35 18d ago
my boy cam edwards! great write-up.
worth the read.
[Justice Thomas] added “[i]n an appropriate case, however, we should make clear that Americans are always free to invoke the Second Amendment as a defense against unconstitutional firearms-licensing schemes.”
….and a big wave and hello from New Yorkistan.