Gun Rights groups have high confidence in the Supreme Court since the confirmation of Amy Coney Barrett a few weeks ago. Consequently, they have filed a string of lawsuits in various states, hoping to push them up to the Supreme Court. They believe that the new Supreme Court formation of 6-3 will give it the courage to handle a Second Amendment case.
The Supreme Court has, in the past decade, shied away from hearing issues touching on the gun rights of Americans. Many believed that the pro-gun justices were afraid of rolling the dice for lack of votes to assert Americans' 2A constitutional rights. Since the court's composition changed, several gun rights groups are convinced that the supreme court is more willing to hear gun-related cases.
Alan Gottlieb, the founder of the Second Amendment Foundation (SAF), disclosed that his group has prepared several cases likely to be heard in the supreme court. He added that the court has no choice but to take on a Second Amendment case.
"Having her on the court, we think we really have six pro-gun votes, and while Roberts has obviously been reluctant to hear a case, now I don't think he has much of a choice," Gottlieb said. "I think the court's going to hear a case."
SAF, alongside the California-based Firearms Policy Coalition (FPC) and other gun rights groups, filed several lawsuits in Maryland, California, New Jersey, Louisiana, and New York after Barrett's confirmation.
Similarly, Virginia Citizens Defense League president Philip Van Cleave has high hopes that Chief Justice Roberts will be compelled to take on a 2A case not far from now.
"People are saying, 'finally we have a court that's going to actually read the Second Amendment as it is,'" Cleave said. "I'm certainly hoping that's the case. I don't know if I would say the chief justice is one that I would count on to help with that."
Contrarily, gun control groups are very worried that the Supreme Court might hear a case and rule in favor of Americans' right to bear arms. They worked hard to fight her confirmation, saying that her pro-gun stance would make America "less safe."
"With Amy Coney Barrett's nomination, every single gun-violence-prevention measure at every level of government is in grave peril because she will join others on that court who believe with her in this radical agenda of striking down those measures," Sen. Richard Blumenthal (D – Conn) said.
Signs are that the court might be warming up to hear a Second Amendment case, although it might be too early to tell. A few days ago, it agreed to hear Caniglia v. Strom case of gun confiscation and violation of fourth amendment rights.
However, a few days before, it declared Mountain State Legal Foundations (MSLF) challenge to Boulder County's "assault weapons" ban premature, although it indicated that it would hear the case if it showed up later.
Last year, it agreed to hear the New York City's firearm transportation law challenge only to declare the case moot because of a change in the laws that elicited the lawsuit.
Coincidentally, the Supreme Court refused to hear 10 Second Amendment cases filed by Americans whose rights were infringed by various state and local governments. Dissents by Supreme court justices highlighted the judges' frustration following the court's decision to relegate issues of national importance to lower courts.
With the new composition, Americans are hoping for the court to address some of the persistence issues. If a Biden administration is sworn in, the supreme court might be an important tool for enforcing the constitution by blocking the unconstitutional anti-gun proposals.
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