U.S. Supreme Court Associate Justice Ruth Bader Ginsburg, one of the worst jurists and civil rights opponents in U.S. history, died last week after a long recurring battle with cancer. By all accounts of those who knew her, she was kind as well as brilliant and resolute in what she believed in. But what she believed in was often wrong. She has erroneously argued that “Congress can [legally] regulate guns in school under Commerce clause” and the “right to gun ownership is collective, not individual,” among others.
- Ruth Bader Ginsburg Didn’t Understand Her Job (language warning)
Ginsburg reportedly dictated a statement shortly before her demise saying it was her “most fervent wish” that her seat on the Court not be filled until after the next president is inaugurated in January. But the Constitution has no such requirement, but instead says the president “SHALL appoint… judges of the supreme court…” I believe the Constitution is silent concerning the actual timing of appointments and confirmations.
Interestingly, when Republicans used the “wait for the next election” argument successfully to block then-President Obama’s nomination of Merrick Garland to replace conservative Justice Antonin Scalia in 2016, the Washington Post quoted Justice Ginsburg as saying, “The President is elected for four years not three years, so the power he has in year three continues into year four,” and according to the Post, when asked whether senators should act on the nomination replied “That’s their job.”
We note that if Democrats win control of both the Senate and the presidency, it is a virtual certainty that the legislation they will pass and the judges they will appoint will, if unchecked, eventually lead to gun bans and probably confiscations. So this SCOTUS appointment could be very critical. The left is also predictably melting down over this vacancy because they want a liberal legislator, not a constitutionalist jurist in the seat.
Senate Minority Leader Charles Schumer (D-NY) tweeted, “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.” First, the people did have a voice – they voted in the last election. They can also vote in this election to affect any appointments for vacancies in the NEXT term. Second, twitty Schumer presumes that there will be a new president in January.
If virulently anti-gun Democrat Mark Kelly defeats incumbent Republican Sen. Martha McSally in Arizona’s high-stakes U.S. Senate race, he may be eligible to take over the seat as soon as Nov. 30, when the state election results are expected to be canvassed. This is because that is a special election to fill a vacancy in a pending term (McSally was appointed to fill the seat vacated by the resignation of Jon Kyl). This could place Kelly in the Senate in time for a pre-inauguration-day vote on Ginsburg’s replacement.
By no means is Senate confirmation of a Trump nominee certain – the party lines are very close. We also learned that the average number of days to confirm a justice, according to the Congressional Research Service, is 69, which would be after the election (but before inauguration day). But Ginsburg herself was confirmed in just 42 days. Mr. Trump even if defeated, could of course make a nomination between the election and the end of his term on January 20, 2021, which is still over 100 days away.
- Why There Has Never Been a Supreme Court Justice Confirmed in the Fall of a Presidential Election Year
“In a time of political identity-motivated rioting, violence, looting, arson and outright murder, a ninth Justice already seated on the panel before November 3 is absolutely vital to the peace and the safety of the nation.” – Massad Ayoob
GRPC after action report. Success!
In the aftermath of the weekend “virtual GRPC,” SAF EVP Alan Gottlieb said it may be difficult to ever do a traditional conference again, considering the massive reach the event enjoyed. An estimated 300,000 people viewed it during the initial weekend broadcast, and more will be tuning in because it is archived with access via the SAF website.
And speaking of Bloomberg, he has reportedly raised more than $16 million in an effort to help convicted felons in Florida register to vote. Some think that was illegal.
Some hospitals are using a new screening program, funded by grants from the National Institutes of Health, that adds a question to their routine screening of emergency room patients: Do you have a gun in your house? The correct answer is “None of your business, and that is a boundary violation. I would like to speak to your attorney about this question.”
Meanwhile, the Centers for Disease Control and Prevention are providing grant funding to universities to push gun control.
“Shoot Like A Girl” gets a plug on local TV
Should have been a DGU
I have received a first-hand report from a Jackson, MS, businessman who was the victim of an attempted armed robbery downtown last week. The perp asked for a handout and got a small one, which wasn’t really what he was after. He then demanded “all of it.” Our senior citizen victim said, “take it.” The perp then came up with a can of pepper spray in each hand, at which point our victim began laughing, grabbed a Louisville Slugger out of his van, and broke the now-fleeing miscreant’s upper arm. Well done. Our would-be victim now packs a gun all the time.
An unidentified London (England) custody sergeant was fatally shot in his precinct early Friday by a suspect that he was booking in on charges of possession of ammunition, after officers failed to find his gun during an earlier search. The miscreant also shot himself. Gun free zone, in a gun free country.
A Pleasing Story
“Don’t worry, Mommy. I got your six.” – Cayla, age 8
Train your kids.
The Only Ones
An unidentified Riverside County [CA] sheriff’s deputy shot himself in the leg in an accident at the gun range three weeks ago. One round fired from the deputy’s holstered gun, and the bullet entered the deputy’s leg.
A local (Jackson, MS area) Loomis armored car guard was relieved of his job after suffering a medical event and accidentally leaving his gun in a public restroom due to being disoriented. The company previously knew about the man’s health issue which reportedly sometimes causes blackouts and disorientation, but allowed him to continue working until the gun issue came up.
Louisiana cop charged for falsely claiming he was ambushed after he accidentally shot himself.
- Farnam on gun cases for air travel
We have word that Remington’s bankruptcy hearing scheduled for this week was postponed until next week, partly because a number of attractive bids are being received.
(The original Remington and Winchester companies both went bankrupt and were bought, respectively, by Western Cartridge Co. and Union Metallic Cartridge Co.)
Wadcutters for defense
But be wary of overpenetration.
We continue to hear reports of safety issues related to “accidental” discharges with the Sig Sauer P320/M17 platform pistols.
Havoc Tactical Solutions’ Jaw Bumper stick-on comb riser is reasonably priced at $16.49 shipped, but is not for wood stocks. Or just quit mounting sewer pipe sized scopes on your rifles.
Bushnell has a couple of new reflex sights.
“The local sporting goods store had all their pistol ammo behind the unicorn feed.” – anonymous