Tuesday, June 09, 2015

Supreme Court refuses to hear appeal of preliminary injunction in Jackson v. San Francisco

Second Amendment supporters were disappointed yesterday when the Supreme Court refused to hear the appeal of a preliminary injunction in the case Jackson v.  San Francisco.   The preliminary injunction asked that the lower court ban the enforcement of the local ordinance in San Francisco while the case was being heard.  From scotusblog.com:
Raising significant new questions about how much protection the Constitution’s Second Amendment actually gives to gun owners, the Supreme Court on Monday left intact a local ordinance that restricts access to guns even within one’s own home.   The denial of review drew a fervent dissent from two Justices, who argued that the Court is narrowing the amendment’s “right to keep and bear arms.”
The two justices that registered their willingness to hear the case were Justices Thomas and Scalia.  As usual, the court did not give any reason for refusing to hear the case.

The case itself is still to be heard by the Ninth Circuit.  Some will see the refusal to hear the appeal of the preliminary injunction as a signal by the Supreme Court to the Ninth Circuit that it is willing to tolerate more restrictions on Second Amendment rights, even in the home.

There has been much speculation about why the Supreme Court has been unwilling to undertake new Second Amendment cases in the last five years.

The mental gymnastics required in a number of cases decided by lower courts seem ripe for overturning, but the Supreme Court has refused them all.  Second Amendment supporters will continue to look to legislators to restore Second Amendment rights.   Success in the legislative arena may supersede pending Court cases.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

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