A landmark case is making its way to the Supreme Court.
Democrats got some bad news.
And Clarence Thomas slapped Democrats with this bone-chilling warning.
Last summer, the Supreme Court handed down a bombshell ruling in NYSRP v. Breun, which struck down the regulations that made it nearly impossible for New Yorkers to obtain a concealed carry permit.
But the ruling extended far beyond concealed carry permits.
The Justices ruled that any gun control had to fit within the American history and tradition of protecting Second Amendment rights.
This ruling suddenly meant the entire gun-grabbing agenda faced oblivion.
In response, legislators in New York passed the Concealed Carry Improvement Act.
Gun grabbers reasoned that even though they could not stop New Yorkers from obtaining concealed carry permits, they could vastly limit where citizens were allowed to carry.
The law banned concealed carry in subway stations, churches, Times Square, and at entertainment venues.
A District Court judge struck down most of the law last November.
But the Second Circuit Court of Appeals allowed the law to take effect while the case played out.
Second Amendment supporters sued over it.
And while the Supreme Court did not agree to immediately take the case and allowed the law to take effect while lawsuits played out, Justices Clarence Thomas and Samuel Alito issued a two paragraph addendum declaring that the defendants were likely to win on the merits of the case.
“The New York law at issue in this application presents novel and serious questions under both the First and the Second Amendments. The District Court found, in a thorough opinion, that the applicants were likely to succeed on a number of their claims, and it issued a preliminary injunction as to twelve provisions of the challenged law. With one exception, the Second Circuit issued a stay of the injunction in full, and in doing so did not provide any explanation for its ruling. App. to Emergency Application 2. In parallel cases presenting related issues, the Second Circuit has likewise issued unreasoned summary stay orders, but in those cases it has ordered expedited briefing,” Thomas and Alito wrote.
Thomas and Alito then sent a strong hint to the Second Circuit that they should strike down New York’s gun control regime, writing that even if the defendants lose at the Appeals Court level, they should still feel confident in their appeal to the Supreme Court.
“I understand the Court’s denial today to reflect respect for the Second Circuit’s procedures in managing its own docket, rather than expressing any view on the merits of the case. Applicants should not be deterred by today’s order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal,” Alito and Thomas wrote.
The Supreme Court was not going to put this case on the shadow docket or fast track it immediately to oral arguments.
But the conservatives on the Court are warning the lower courts and the state of New York that they are willing to let the case play out even though the gun grabbers are facing an inevitable defeat.
Renewed Right will keep you up-to-date on any new developments in this ongoing story.