Kwame Raoul and his merry band of gun control jidahists are due with their briefs to the Seventh Circuit Court of Appeals today in defender of the PICA Gun and Magazine Bans. Oral Arguments are June 29th, and in two weeks, our side will have our chance to rebut the state’s efforts.
I’ll save you a lot of baited breath and anxious excitement: the state’s briefing will be nothing new. They’re cock-sure of themselves and confident in their weaksauce arguments.
I haven’t (obviously) seen their pleading yet, but I can already tell you what’s inside.
- They will do their best to repeatedly resurrect the “balanced interest” test of intermediate scrutiny even though the Bruen decision struck down both the two-step interest balancing tests and intermediate scrutiny for Second Amendment court claims.
- Instead of historical analogues, of which there are none, the state will claim that the Founding Fathers could never have foreseen the dangerous types of guns out there today. Big words from small minds who don’t realize the Founding Fathers had no problem with everyday citizens having cannons in the day. And cannons are no doubt deadly. By the way, we still protect the other rights protected by the Bill of Rights even though we have megachurches broadcasting their sermons on TV today. We protect free speech even though we have the Internet and high speed printing presses. We even safeguard the right to be safe in our persons and belongings in this day of digital snooping.
- The historical analogues provided will deal with clubs, or will be laws from the 20th Century, not the 1790s.
In other words, it’ll be a rehashed version of the same crap the state has provided before.
Does this mean we score an easy win? It all goes to the judges. If we draw more Frank Easterbrook-types, then we lose.
If we draw Amy Coney Barrett types, we win soundly.
Whoever wins this round the 7th Circuit will face an appeal to the US Supreme Court.
Greg Bishop has a complete run-down for those not up to speed. It’s about 20 minutes, but if you’re wondering more about the background of this on the federal side, he covers it.
There ya go!