Five Democrats Warn Supreme Court It Could be 'Restructured;' Urge It to Drop 2nd Amendment Case

By Susan Jones | August 15, 2019 | 7:15am EDT
(Photo by NICHOLAS KAMM/AFP/Getty Images)

(CNSNews.com) - Five Democrat senators have filed a brief with the U.S. Supreme Court, urging it to stay out of a pending Second Amendment case and warning it that a majority of Americans now believe the "Supreme Court should be restructured in order to reduce the influence of politics."

The case, New York State Rifle & Pistol Association v. City of New York, is the first major challenge to gun laws since 2010, the senators said.

According to SCOTUS blog, the New York State Pistol and Rifle Association, representing gun owners who live in the city, are challenging the city's ban on transferring licensed, unloaded guns anywhere outside city limits -- including to a weekend home or to a shooting range.

The lower courts upheld those restrictions, so the gun owners took their case to the Supreme Court.

Don't touch that case, the five Democrats warned:

The senators argue that the National Rifle Association and The Federalist Society have "engineered the case" so the Republican-appointed majority will rule in their favor.

“[C]ourts do not undertake political ‘projects.’ Or at least they should not,” Whitehouse, Hirono, Blumenthal, Durbin, and Gillibrand wrote. “Americans are murdered each day with firearms in classrooms or movie theaters or churches or city streets, and a generation of preschoolers is being trained in active-shooter survival drills.

"In the cloistered confines of this Court, notwithstanding the public imperatives of these massacres, the NRA and its allies brashly presume, in word and deed, that they have a friendly audience [on the Court] for their ‘project.’”

Further, the Democrats argue that the gun-transporting restrictions have now been rescinded, making the case moot, yet the plaintiffs "soldier on" with their case.

"The judiciary was not intended to settle hypothetical disagreements," the brief says. "Rather, the Framers designed Article III courts to adjudicate actual cases and controversies brought by plaintiffs who suffer a real-world harm."

The Democrats also argue that the Supreme Court is increasingly "political" (now that it has an "engineered" Republican-appointed majority).

"Today, fifty-five percent of Americans believe the Supreme Court is 'mainly motivated by politics'(up five percent from last year); fifty-nine percent believe the Court is 'too influenced by politics'; and a majority now believes the 'Supreme Court should be restructured in order to reduce the influence of politics,'" the brief says.

The senators conclude their brief with a warning about "restructuring" the court, an idea advocated by some of the Democrats running for president:

“The Supreme Court is not well," they wrote. "And the people know it. Perhaps the Court can heal itself before the public demands it be 'restructured in order to reduce the influence of politics.' Particularly on the urgent issue of gun control, a nation desperately needs it to heal.”

Presumably, the court will not be "healed" until a majority of the justices are appointed by Democrats.

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