The United States Supreme Court in dramatic fashion fired two shots in the defense of liberty and freedom last week. In two historic decisions, the High Court confirmed that the Second Amendment guarantees individuals the right to carry a weapon outside of their home and that the issue of abortion should be decided by the people and not by judicial fiat. Massachusetts current gun regulation structure is effectively dead and the issue of abortion can now be waged at the ballot box instead of the courts.
The significance of these two decisions cannot be understated. For nearly half a century, the Democratic Party imposed its liberal social agenda through the use of the courts because it was been unable to secure victories through elections. The progressive desire to change society included weakening the role of the Second Amendment and allowing unfettered lack of consequence for individual sexual choice. The Supreme Court stopped the progressive effort on those two fronts last week.
In New York State Rifle & Pistol Association Inc. v. Bruen, Justice Clarence Thomass opinion stated that the Second and 14th Amendments protect an individuals right to carry a handgun for self-defense outside the home. This would seem to be obvious from the text of the Second Amendment but progressive Democrats tend not to be bothered by textually specific requirements. But the Supreme Court does care about constitutional text and, therefore, New Yorks law requiring that applicants justify their need for a concealed-weapons permit is unconstitutional. In the clearest terms, the Court stated that the Second Amendment demands that a state shall issue gun permits, including concealed ones, not may.
Massachusetts entire gun regulation system is seemingly now unconstitutional. Indeed, the Court specifically called into question the Commonwealths gun regime. You could live in the rural town of Oakham out near the Quabbin and get a permit from the police chief without any effort but it is nearly impossible to get one in Boston or its suburbs. The Second Amendment is not controlled by the whims of a particular towns police chief and the Supreme Court has affirmed this fact.
In an earthquake of a decision, the Supreme Court overturned the 50-year precedent of Roe v Wade guaranteeing a so-called Constitutional right to abortion. In Dobbs v. Jackson Womens Health Organization, the Court stated the obvious. Justice Samuel Alito, writing for the Court, opined that The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision. It is time to heed the Constitution and return the issue of abortion to the peoples elected representatives.
The issue of abortion now will be resolved where it always belonged, in the hands of the voters and their elected representatives. Although Massachusetts seemingly is a pro-abortion state, opponents of abortion can now make their case through the electoral process and change hearts and minds and votes.
The greatest irony is that we can thank the Democrats and the far-left former Senator Harry Reid from Nevada for these two opinions when he ended the filibuster for appellate court nominees in 2013. Republican senate leader Mitch McConnell warned Reid that he would regret it. Well Donald Trump and his three Supreme Court appointments proved McConnell right.
It is indeed a good week for the cause of liberty and freedom in America and Massachusetts.
James P. Ehrhard is a writer whose columns have appeared in the Wall Street Journal, Washington Examiner, Boston Herald, Lowell Sun, Worcester Telegram, Springfield Republican and other publications. He is the owner and manager of the Worcester law firm Ehrhard & Associates.
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Ehrhard: Liberty, freedom score wins at the Supreme Court - Boston Herald
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