Clarence Thomas is about to hand Joe Biden the defeat he was waiting for
Clarence Thomas has been waiting years for a case like this to come down the pike.
And a lower court handed him that opportunity on a silver platter.
Now Clarence Thomas is about to hand Joe Biden the defeat he was waiting for.
The Ninth Circuit Court of Appeals handed down one of the most outrageous decisions anyone had ever seen ruling that there is no right to carry a firearm either open or concealed for self-defense outside the home.
In 2011, Hawaii resident George Young applied for a permit to open and conceal carry a firearm, but was turned down because of the state’s law requiring the need for an applicant to prove they were in danger.
Young sued and the Ninth Circuit Court delivered an opinion that the conservative majority on the Supreme Court – led by Clarence Thomas – has been waiting to settle questions about the scope of the Second Amendment and whether or not it applies outside the home.
Writing for the majority on the Ninth Circuit, Judge Jay Bybee argued that the government had every right to restrict the ability of Americans to exercise their Second Amendment right to carry a firearm.
“The government may regulate, and even prohibit, in public places – including government buildings, churches, schools, and markets – the open carrying of small arms capable of being concealed, whether they are carried concealed or openly,” Judge Bybee wrote.
Bybee went even further and declared Americans had no right to self-defense in public.
“We have never assumed that individuals have an unfettered right to carry weapons in public spaces,” Judge Bybee added. “Indeed, we can find no general right to carry arms into the public square for self defense,” the majority argued.
Ever since the 2008 Heller case, the Supreme Court has stayed away from the Second Amendment.
The court’s conservatives have been looking for the right case to expand the definition of the Second Amendment beyond self-defense inside the home.
And the Ninth Circuit Court of Appeals may have given them that opportunity.