The Supreme Court denied a petition to hear from plaintiffs Jeff Silvester and Brandon Combs who challenged California law that requires concealed-carry lisence holders to wait ten days to bring their guns home after they purchased them. (Another stupid communist law from California.) Imagine waiting ten days to bring home groceries, or medicine, or gas.
One of the last conservative stalwarts on the bench, Justice Clarence Thomas, pointed out the hypocrisy of his colleagues, noting that his colleagues view the Second Amendment as a “disfavored right” and the Court’s “constitutional orphan.”
His colleagues would have no problem reviewing a challenge related to waiting period restriction on abortion, he said. In his dissent he stated that the 9th U.S. Circuit Court of Appeals’ decision was “symptomatic of the lower courts’ general failure to afford the Second Amendment the respect due an enumerated constitutional right.”
If a lower court treated another right so cavalierly. I have little doubt that this Court would intervene. But as evidenced by our continued inaction in this area, the Second Amendment is a disfavored right in this Court.
Silvester and Combs, two law-abiding California gun owners who challenged the law with two nonprofits, won in court. But then, the 9th U.S. Circuit Court of Appeals reversed the lower court’s ruling.
The appeals court, Thomas wrote that “In the Ninth Circuit, it seems, rights that have no basis in the Constitution receive greater protection than the Second Amendment, which is enumerated in our text.”
The Supreme Court hasn’t heard a Second Amendment case in eight years. This term it will hear several First and Fourth Amendment cases.
Thomas pointed out that four of his colleagues would have heard any other case involving a 10-day waiting period, if it wasn’t related to the Second Amendment. They would have heard a case related to waiting periods for abortions, publication of racist speech, and even traffic stops.
“The Court would take these cases because abortion, speech, and the Fourth Amendment are three of its favored rights,” Thomas wrote. “The right to keep and bear arms is apparently this Court’s constitutional orphan. And the lower courts seem to have gotten the message.”