- Created: Wednesday, 19 October 2011 16:21
- Written by Tim Macy
The Cost of an Obama Reelection:
The Second Amendment is Gone, an anti-gun Supreme Court and the Heller case reversed
It is easy for the Second Amendment community to be lulled into a false sense of security about Barack Obama.
He has viciously attacked Second Amendment rights, but he has done so quietly, behind-the-scenes, and by regulation and BATFE abuses.
So does it really matter whether he is reelected a year from next month?
The answer is “yes.” And there are a couple of paramount reasons.
The first is that Obama, in order to avoid a guaranteed defeat in 2012, has thus far kept his powder dry on gun-related legislation (but not anti-gun regulations and rhetoric). Thus, following the
But when reelection is no longer a consideration, gun licensing, gun bans, and criminalization of gun ownership will once again come to the fore.
These proposals will be implemented by more draconian regulations (which Congress will no longer have the votes to defund), and they will be tacked onto must-pass legislative vehicles.
Sadly, Republican leaders Mitch McConnell and John Boehner have shown no stomach for taking the blame for shutting down the government in order to protect Second Amendment rights. Of course, one needs to understand that “shutting down the government” really means scaling back its operations to about 60% of full capacity, which is the amount that comes in from taxes every month.
But there is another equally important reason why Obama's reelection could be the death of the Second Amendment as we know it: the Supreme Court.
The Supreme Court is currently viewed as consisting of four conservatives (Scalia, Roberts, Thomas, and Alita), four raving liberals (Ginsburg, Sotomayor, Kagan, and Breyer), and one sort-of-conservative swing vote (Kennedy).
Of the conservatives, Kennedy and Scalia were born in 1936, meaning that they turn 75 this year. And Thomas turns 63.
There is a significant chance that one of these three vacancies will come open in the next five years. And, if the vacancy is filled by Obama, that will create a 5-man majority of anti-gun liberals on the Supreme Court.
The first thing that means is that the Heller case -- recognizing that the Second Amendment is an individual right -- will be reversed. In fact, after stating under oath before the Senate that she had no opinion on the scope of the Second Amendment, Sotomayor wasted no time opining (in a decision) that she believed Heller was bad law.
Liberals, by and large, don't defer to stare decisis -- a judicial doctrine which protects already-decided issues, even if you don't like them. And it would be a mistake to assume that the Supreme Court wouldn’t rapidly declare the Second Amendment to apply only to militias.
Ditto, the McDonald case, recognizing that the Second Amendment is applicable to the states.
Finally, the Supreme Court is largely expected to overturn, by a 5-4 margin, ObamaCare’s mandate that virtually every person in
When Heller was handed down, I pointed out that the courts were no panacea to legislative vigilance. And, within the past week, a key federal court refused to use Heller to overturn the
But the symbolic and moral impact of an illegitimate Supreme Court trying, corruptly, to define the Second Amendment out of existence cannot be overstated.
So think about it … because elections do have consequences. And we will have to live with the results of the upcoming election (for better or worse) for a long time.
And we're going to exorcise Nancy Pelosi, as we force gun votes which drive her corrupt gaggle of cronies even further into the minority.
But we need your help. We need you to stand with Gun Owners of America. Go to http://gunowners.org/store/new-membership and sign up with the only gun organization whose PAC has been credited with helping to defeat scores of congressional Blue Dog Democrats in 2010.
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