The Supreme Court justices consistently avoid opportunities to expand the Second Amendment umbrella
SINCE 2008, when the Supreme Court recognised a limited individual right to bear arms in the home for self-defence, the justices have consistently ducked opportunities to expand the Second Amendment umbrella. So when the justices announced in January that they would hear—a challenge to a rule barring New York City residents with “premises licences” from toting their firearms outside the city—gun-rights advocates cheered.
But after defending its rule and winning a favourable judgment at the Second Circuit Court of Appeals, New York pivoted. On July 16th, Andrew Cuomo, the governor, signed a bill permitting those with premises licences throughout the state to transport their pistols or revolvers to any other venue where they are “lawfully authorised to have and possess” them.
These missives flowed into the justices’ inboxes while they were deep into their summer holidays, and no word has come down on whether New York City’s altered legal terrain will be enough to erase the case from their docket. The answer may come within weeks: on October 1st, the justices are scheduled to discuss the matter at their annual “long conference”.
Mr Whitehouse wrote these words in the days following mass shootings in Texas and Ohio on August 3rd and 4th. He was angry and apparently worried that the Supreme Court was on the verge of widening protections for guns at the very moment when greater regulation seemed necessary. He laboured to win over Chief Justice John Roberts—the court’s median vote—by citing him twice in the opening paragraph and twice again, for good measure, in the conclusion.
on October 1st. But if this opportunity for gun-rights activists to puff up the Second Amendment goes away, as it should, the NRA and its fans probably don’t have long to wait for their next shot. As Adam Winkler, an expert on the Second Amendment,recently, there are “plenty” of other cases “waiting in the wings”. With Mr Trump’s two new appointees, he reckons, the Supreme Court has become more “gun-friendly”.
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