{"id":490,"date":"2018-02-21T01:47:00","date_gmt":"2018-02-21T01:47:00","guid":{"rendered":"https:\/\/onlygunsandmoney.com\/2018\/02\/21\/the-supreme-court-continues-to-be\/"},"modified":"2019-08-16T18:28:37","modified_gmt":"2019-08-16T18:28:37","slug":"the-supreme-court-continues-to-be","status":"publish","type":"post","link":"https:\/\/onlygunsandmoney.com\/?p=490","title":{"rendered":"The Supreme Court Continues To Be A Doormat"},"content":{"rendered":"<div class='__iawmlf-post-loop-links' style='display:none;' data-iawmlf-post-links='[{&quot;id&quot;:7743,&quot;href&quot;:&quot;https:\\\/\\\/www.calgunsfoundation.org\\\/silvester&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;},{&quot;id&quot;:7744,&quot;href&quot;:&quot;http:\\\/\\\/onlygunsandmoney.blogspot.com\\\/2014\\\/08\\\/a-big-win-in-california.html&quot;,&quot;archived_href&quot;:&quot;https:\\\/\\\/web-wp.archive.org\\\/web\\\/20260418013904\\\/https:\\\/\\\/onlygunsandmoney.blogspot.com\\\/2014\\\/08\\\/a-big-win-in-california.html&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[{&quot;date&quot;:&quot;2026-04-20 20:20:23&quot;,&quot;http_code&quot;:200},{&quot;date&quot;:&quot;2026-05-03 04:57:16&quot;,&quot;http_code&quot;:200}],&quot;broken&quot;:false,&quot;last_checked&quot;:{&quot;date&quot;:&quot;2026-05-03 04:57:16&quot;,&quot;http_code&quot;:200},&quot;process&quot;:&quot;done&quot;},{&quot;id&quot;:7745,&quot;href&quot;:&quot;https:\\\/\\\/drive.google.com\\\/file\\\/d\\\/12Gx5Z9TTSRYqZuoJ9ZNVj1uFOibQoHx4\\\/view&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;},{&quot;id&quot;:7746,&quot;href&quot;:&quot;https:\\\/\\\/www.calgunsfoundation.org\\\/cgf_statement_on_supreme_court_denial_of_review_in_second_amendment_challenge_to_california_s_10_day_waiting_period_laws&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;}]'><\/div>\n<p>\nIn the usual course of events, when the Supreme Court issues definitive rulings on an area of constitutional law, it fully expects lower courts to abide by their ruling. If these lower courts don&#8217;t, they get slapped down for their impertinence. However, when it comes to the Second Amendment, the Supreme Court in the post-<i>McDonald <\/i>era has allowed lower courts to treat it like a doormat. Their submissive posture in the face of decisions coming out of especially the 4th and 9th Circuits that ignore <i>Heller <\/i>and <i>McDonald <\/i>is, to be blunt, nauseating. The only justice that seems to have a spine and recognizes the danger to the powers of the court is Justice Clarence Thomas.<\/p>\n<p>I write this as a prelude to the announcement today that the Supreme Court decided to deny certiorari in <a href=\"https:\/\/www.calgunsfoundation.org\/silvester\" target=\"_blank\" rel=\"noopener\"><i>Silvester et al v. Becerra et al<\/i>.<\/a> It was on appeal from the 9th Circuit which found the 10-day waiting period for those with a California CCW, a California Certificate of Eligibility, or already had firearms registered to them had a valid government purpose. While supposedly deciding it on intermediate scrutiny, it was in fact decided on a rational basis. The problem with that is that rational basis cannot be used when it comes to an enumerated right. This case was <a href=\"http:\/\/onlygunsandmoney.blogspot.com\/2014\/08\/a-big-win-in-california.html\" target=\"_blank\" rel=\"noopener\">originally a win in the District Court<\/a> but reversed by 9th Circuit.<\/p>\n<p>Justice Thomas noted in his <a href=\"https:\/\/drive.google.com\/file\/d\/12Gx5Z9TTSRYqZuoJ9ZNVj1uFOibQoHx4\/view\" target=\"_blank\" rel=\"noopener\">14 page dissent<\/a> that:<\/p>\n<blockquote class=\"tr_bq\"><p>\n<i>This deferential analysis was indistinguishable from rational-<br \/>\nbasis review. And it is symptomatic of the lower courts\u2019<br \/>\ngeneral failure to afford the Second Amendment the re-<br \/>\nspect due an enumerated constitutional right.<\/p>\n<p>If a lower court treated another right so cavalierly, I<br \/>\nhave little doubt that this Court would intervene. But as<br \/>\nevidenced by our continued inaction in this area, the<br \/>\nSecond Amendment is a disfavored right in this Court. Because I do not believe we should be in the business of<br \/>\nchoosing which constitutional rights are \u201creally worth<br \/>\ninsisting upon,\u201d <\/i>Heller<i>, supra, at 634, I would have granted<br \/>\ncertiorari in this case.<\/i><\/p><\/blockquote>\n<p>He concluded his dissent by saying:<\/p>\n<blockquote class=\"tr_bq\"><p>\n<i>Nearly eight years ago, this Court declared that the<br \/>\nSecond Amendment is not a \u201csecond-class right, subject to<br \/>\nan entirely different body of rules than the other Bill of<\/p>\n<p>Rights guarantees.\u201d McDonald, 561 U. S., at 780 (plurality opinion). By refusing to review decisions like the one<\/p>\n<p>below, we undermine that declaration. Because I still<br \/>\nbelieve that the Second Amendment cannot be \u201csingled out<br \/>\nfor special\u2014and specially unfavorable\u2014treatment,\u201d id., at<br \/>\n778\u2013779 (majority opinion), I respectfully dissent from the<br \/>\ndenial of certiorari.<\/i><\/p><\/blockquote>\n<p>I don&#8217;t know if any other justices voted to grant certiori but I do know that there weren&#8217;t the required four votes. Decisions like that go to illustrate just how much we miss the late Justice Scalia and his leadership.<\/p>\n<p>The Calguns Foundation which supported this lawsuit along with the Second Amendment Foundation issued the <a href=\"https:\/\/www.calgunsfoundation.org\/cgf_statement_on_supreme_court_denial_of_review_in_second_amendment_challenge_to_california_s_10_day_waiting_period_laws\" target=\"_blank\" rel=\"noopener\">following statement<\/a>:<\/p>\n<blockquote class=\"tr_bq\"><p>\n<i>WASHINGTON, D.C. (February 20, 2017)\u00ad\u00ad\u00ad\u00ad\u00ad\u00ad \u2014 The Calguns Foundation has issued the following statement regarding the Supreme Court\u2019s decision to not review a Ninth Circuit Court of Appeals decision that upheld California\u2019s 10-day waiting period for existing gun owners who pass a background check:<\/p>\n<p>We are disappointed, but not entirely surprised, that the Court has once again decided against taking up a Second Amendment challenge to plainly unconstitutional laws.<\/p>\n<p>In his important 14-page dissent from the Court\u2019s denial of certiorari, Justice Clarence Thomas detailed why the Ninth Circuit applied an improper \u201cdeferential analysis\u201d that was \u201cindistinguishable from rational-basis review,\u201d showing \u201cthe lower courts\u2019 general failure to afford the Second Amendment the respect due an enumerated constitutional right.\u201d<\/p>\n<p>We agree with Justice Thomas that the Ninth Circuit\u2019s \u201cdouble standard is apparent from other cases,\u201d like one where it invalidated an Arizona law partly because it \u201cdelayed\u201d women seeking an abortion, and another where it struck down a Washington county\u2019s 5-day waiting period for adult dancing licenses because it \u201cunreasonably prevent[ed] a dancer from exercising first amendment rights while an application [was] pending.\u201d<\/p>\n<p>As Justice Thomas explained, the \u201cNinth Circuit would not have done this for any other constitutional right, and it could not have done this unless it was applying rational-basis review.\u201d He is, of course, correct\u2014just as we have maintained throughout the course of this appeal and in our briefing to the Supreme Court. But in the Ninth Circuit, it appears, \u201crights that have no basis in the Constitution receive greater protection than the Second Amendment, which is enumerated in the text.\u201d<\/p>\n<p>From the bottom of our hearts, we wish to thank every single supporter who generously helped us litigate this long-running case through trial and up to the Supreme Court. We also want to thank amici Cato Institute, Crime Prevention Research Center, Firearms Policy Coalition, Madison Society Foundation, Gun Owners of California, and Firearms Policy Foundation for their excellent briefs in support of our case and the cause of individual liberty.<\/p>\n<p>The Calguns Foundation will continue to challenge unconstitutional gun control laws until the Second Amendment takes its place as a peer among fundamental rights, like those in the First Amendment, rather than the \u201cconstitutional orphan\u201d and \u201csecond-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees\u201d that it is in the Ninth Circuit today.<\/i><\/p><\/blockquote>\n<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div>","protected":false},"excerpt":{"rendered":"<p>In the usual course of events, when the Supreme Court issues definitive rulings on an area of constitutional law,&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":0,"footnotes":""},"categories":[1],"tags":[515,516,1178,19,1179],"class_list":["post-490","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-calguns-foundation","tag-california","tag-justice-clarence-thomas","tag-second-amendment","tag-silvester-et-al-v-becerra-et-al"],"_links":{"self":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/490","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=490"}],"version-history":[{"count":1,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/490\/revisions"}],"predecessor-version":[{"id":11329,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/490\/revisions\/11329"}],"wp:attachment":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=490"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=490"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=490"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}