If Brett Kavanaugh is confirmed, the Constitution is going to change so fast your head will spin
Donald Trump's judges are poised to seize control of the Supreme Court's docket.
IAN MILLHISER
JUL 24, 2018, 9:22 AM
Late last week, a federal appeals court divided 8-7 on whether to blow up a widespread consensus on how to read the Second Amendment and turn some of the NRAs wildest fantasies into reality in the process. Mance v. Holder is a stark reminder of the Trump administrations success in filling the bench with judges who, just a couple years ago, would have occupied the more extreme reaches of the judiciary. Its also a warning about how quickly the law is likely to change if Supreme Court nominee Brett Kavanaugh is confirmed.
Nihilist conservatives in the mold of Neil Gorsuch are about to capture an entire United States Court of Appeals, and that court will form a pipeline that will channel ambitious right-wing lawsuits to the Supreme Court.
Arms and the Mance
Mance attempts to create a controversy out of District of Columbia v. Heller, the Supreme Courts 2008 decision which held, for the first time, that the Second Amendment protects an individual right to bear arms. Admittedly, Heller is not a model of clarity. It acknowledges that there are limits on the Second Amendment, but describes them in vague terms permitting bans on dangerous and unusual weapons, for example, or allowing laws imposing conditions and qualifications on the commercial sale of arms.
Yet, despite Hellers vagueness, all ten federal appeals courts to consider the question have applied what Judge Stephen Higginson describes as a two-step analytic framework to determine whether or not a law violates the Second Amendment. Under this framework, severe burdens on core Second Amendment rights are subject to a test known as strict scrutiny, the most demanding test courts typically apply in constitutional cases. Meanwhile, less onerous laws, or laws that government conduct outside of the Second Amendments core,' are more likely to survive judicial review.
https://thinkprogress.org/if-brett-kavanaugh-is-confirmed-the-constitution-is-going-to-change-so-fast-your-head-will-spin-730ba67ddc87/
The Federalists Society that group that hates the Constitution.......................this amendment was not intended to kill its own citizen.........................
November 2018 cannot get here fast enough.........................vote