ANTONYUK VS. NIGRELLI (ANTONYUK II): IS THIS CASE DESTINED TO BE THE FOURTH SEMINAL U.S. SUPREME COURT PRONOUNCEMENT ON THE SECOND AMENDMENT OF THE BILL OF RIGHTS?

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IMPORTANT NOTE TO OUR READERS: THE ARTICLE  POSTED YESTERDAY UNDER THE TITLE, "THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS," HAS UNDERGONE A SUBSTANTIAL REWRITE, TO SUCH AN EXTENT, THAT WE FELT IT BEST TO POST THIS NEW ONE AS A DISTINCT ARTICLE, AND WITH AND UNDER A NEW BANNER. WE HAVE KEPT THE ORIGINAL ARTICLE, AS POSTED, TO BE FAIR TO ALL OUR READERS. YOU MAY WISH TO COMPARE THE TWO. BUT, IF YOU FIND DISCREPANCIES IN POINTS MADE, BE ADVISED THAT THIS INSTANT ARTICLE CONTROLS. IT REPRESENTS OUR SOLE POSITION AND PERSPECTIVE ON THE MATTERS DISCUSSED. THANK YOU.

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POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

MULTI SERIES

PART TWENTY

SUBPART ONE OF PART TWENTY

THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS

PART ONE{INTRODUCTORY QUOTATION}“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their arms.” ~Samuel Adams, American Statesman and Founding FatherThe importance of Heller, McDonald, and Bruen cannot be overstated. These cases, together, establish the Court’s recognition of, one, the immutable, eternal right of the people to keep and bear arms, two, that this right shall not be infringed, and, three, that the armed citizenry is necessary to the security of a free State.The existence of and maintenance of a free Constitutional Republic is impossible without a well-armed citizenry.To understand where we are, at the start of a new year, we must retrace our steps back to 2020.Biden and the Democrat Party will up the ante in their attack on the Second Amendment. That is indisputable.In 2022, this assault on the right to armed self-defense against the predatory beast, predatory man, and, worst of all, predatory Government, became manifest.In early February 2021, we pointed out, in our article, titled, “The Biden Plan for the Political and Social Remaking of the American Landscape,” that——“During his first two weeks in Office, Joe Biden signed over 40 executive orders or similar executive edicts. And he isn’t done. A few days into February and we can expect to see 50 or more Presidential executive orders and other edicts.” This is unheard of.For comparison, we pointed to a news report published in February 2021, positing that,“President Donald Trump signed four in his first week in 2017; President Barack Obama signed five in 2009; President George W. Bush signed none in his first week in 2001; and President Bill Clinton signed one in 1993.”Apparently, Biden and the puppet masters who control him would waste no time reversing the gains Trump had made in setting the Nation back on course, consistent with the aims of the founders of our Nation: To maintain a strong and independent, sovereign Nation-State, and free Constitutional Republic.The Neoliberal Globalists have reverted to their agenda, set in motion by George Bush and Barack Obama, aimed at dismantling a free Republic and eliminating the exercise of Americans’ natural law rights through which the citizenry maintains its lawful sovereign authority over the Nation and Federal Government, and over its own destiny.Also, in that February 2021 article, the reporter pointed out that——“The twin issues of ‘guns’ and ‘gun violence’ will be much discussed in the weeks and months ahead. That much is certain.Will Biden sign an executive order banning assault weapons’ and will he sign a flurry of other antigun laws as well, not bothering to wait for Congressional enactments?Don’t think this is improbable. In fact, with all the banter of gun-toting ‘white supremacists’ and right-wing ‘domestic terrorists’ and with thousands of National Guard troops camped out in the U.S. Capital, and with the constant denigration of and growing suppression of conservative dissent, something is definitely afoot. In fact, the Democrat Party propaganda machine is in overdrive. The propagandist newspaper, NY Times, for one, has laid the groundwork for an assault on ‘guns.’”Our remarks and those in the news article were prescient.In June 2022, due to Congressional Democrats and scurrilous Congressional Republicans, Biden “signed into law into law the first major federal gun reform in three decades, days after a decision he condemned by the Supreme Court expanding firearm owners’ rights.” See the article in Reuters.Dutifully, compliantly obeying the orders of his Administrative nursemaids and caretakers, who themselves take orders from shadowy, sinister forces from on high, the Biden puppet also took aim at the millions of civilian citizens who own and possess semiautomatic weaponry and components of the weapons.But what is especially important here is a remark Biden conveyed to the Press, as reported by Reuters, in that same June 2022 article.“‘The Supreme Court has made some terrible decisions.’” The demented fool probably didn’t know what specific U.S. Supreme Court cases his caretakers ordered him to refer to. No matter. All Americans should know. And America’s Patriots do know.One was Dobbs vs. Jackson Women’s Health. The other was NYSRPA vs. Bruen. Both decisions are important. But, of the two, the latter is much more important. The latter case pertains directly to the security of a free State. The former does not.NYSRPA vs. Bruen is the latest in a Supreme Court jurisprudential “trilogy” of seminal Second Amendment cases. Yet, the Biden Administration and some State Governments have openly defied the U.S. Supreme Court, and, worse, have openly demonstrated visible contempt for the High Court.At both the Federal Level and State Levels, powerful malevolent and malignant forces have directed their assault on America’s Second Amendment. Biden and New York Governor Kathy Hochul are the public faces behind shadowy orchestrators, passing along orders surreptitiously to their puppets.Our Free Constitutional Republic is in dire jeopardy.New York State Government and actions of other States since Bruen demonstrate all the fervor, ferocity, and audacity of those State governments to go their own way, blatantly disregarding Bruen as they disregarded Heller and McDonald. This has resulted in a plethora of new litigation against the States by Americans who desire only to exercise their natural law right to armed self-defense.The number of cases filed and progression of post-Bruen case law decisions in New York, alone, point to Americans’ adoration of the natural law right to armed self-defense and to the extraordinary lengths they will go to compel rogue States to adhere to both the plain meaning of the Second Amendment and to those U.S. Supreme Court rulings cementing the Second Amendment in the American psyche.This points to a tremendous disconnect between the Country Americans know and love, and an alien, monstrous non-nation the Biden Administration and many States, in league with the Biden Administration, wish to thrust on Americans, against their will.__________________________________________

A TREMENDOUS CLASH IS AT HAND BETWEEN THE U.S. SUPREME COURT RULINGS IN BRUEN AND THE NEW YORK GOVERNMENT’S REPUDIATION OF BRUEN

SUBPART TWO

{INTRODUCTORY QUOTE}“It is the greatest absurdity to suppose it in the power of one, or of any number of men, at the entering into society to renounce their essential natural rights.” ~ Samuel Adams, American Statesman, and Founding FatherOnce the U.S. Supreme Court published the Bruen decision, the Hochul Government, anticipating the decision, was prepared for it. It had been prepared for the Bruen decision for months. The State Senate in Albany quickly enacted amendments to its Gun Law, designed to operate in defiance of the rulings and to further constrain the exercise of the right of the people to keep and bear arms, and Governor Hochul immediately signed the amendments into law. Holders of valid New York concealed handgun carry licensees reviewed the amendments as quickly as Hochul had signed them into law. They were not amused. And they were the first out of the gate, in any jurisdiction, to challenge the constitutionality of those lengthy amendments to the New York Gun Law, which, as a body, were referred to as the “Concealed Carry Improvement Act” (“CCIA”).The Bruen decision came down on June 23, 2022. Hochul signed the CCIA into law on July 1, 2022. And Plaintiffs filed their case, Antonyuk vs. Bruen (Antonyuk I) on July 11, 2022.Since then, both Antonyuk I and a plethora of other cases wended their way through New York’s Federal Courts. But none are more important than that first case, as it is the first one to make its way to the U.S. Court of Appeals for the Second Circuit, and the first one to receive a response from the U.S. Supreme Court since its rulings in NYSRPA vs. Bruen.After the U.S. District Court for the Northern District of New York dismissed Antonyuk I, without prejudice, Plaintiff Ivan Antonyuk and other holders of valid New York handgun carry licenses filed a new case, on September 20, 2022 (Antonyuk II). That case was recaptioned Antonyuk vs. Hochul. And, after the Court dismissed Hochul out as a Party Defendant, and, after a new Superintendent of the New York State Police, Steven Nigrelli, took over from the previous Superintendent of the New York State Police, Kevin Bruen, the Plaintiffs’ recaptioned the case, Antonyuk vs. Nigrelli.The U.S. District Court for the Northern District of New York granted the Plaintiffs’ Preliminary Injunction, staying the execution of Hochul’s CCIA on November 7, 2022.One day later, coincidentally, the date of the Midterm Elections, November 8, 2022, the New York Government filed its Motion to the U.S. Court of Appeals, seeking relief from the PI, and the Second Circuit granted the relief the Government sought, on November 15, 2022, staying the PI, allowing execution of the CCIA during the pendency of the merits of the PI. Four days later, the Plaintiffs, NY concealed handgun carry licensees filed their own response to the lifting of the Stay.After the Second Circuit issued its ruling reversing the District’s granting of the Plaintiffs’ Preliminary Injunction. The Second Circuit modified its order minimally. The PI remained, stayed. See the Arbalest Quarrel article, posted on December 14, 2022, for details.The Plaintiffs appealed the Second Circuit’s ruling, requesting relief from the U.S. Supreme Court.As pointed out by John Crump, in an article posted on Ammoland on December 28, 2022, the U.S. Supreme Court, on December 27, 2022, demanded a response from the Second Circuit.Justice Sotomayor issued a short “request.” Note: the term ‘request’ means the High Court isn’t ordering Hochul’s Government to respond to the Plaintiff’s Application for Relief, but a “request,” having been made, obviously encourages the Government to respond.Sotomayor’s directive reads:“Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023.”Sotomayor’s Order is in reference to the Plaintiffs’ filing of December 21, 2022, titled,“Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit.”In their filing, the Plaintiffs assert,“Without providing any analysis or explanation, the Second Circuit has stayed a preliminary injunction issued by a federal district court in New York that was carefully designed to limit New York’s enforcement of a sweeping gun control statute, enacted as retaliation against New York gun owners for having prevailed in this Court’s decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). The district court’s injunction was supported by a detailed 184-page opinion, meticulously tailored to follow this Court’s framework established in Bruen. In contrast, the Second Circuit’s stay pending appeal was issued based only on a single conclusory assertion, yet with the effect of indefinitely suspending the protections afforded New Yorkers by the Second Amendment and affirmed by this Court in Bruen. The Second Circuit’s stay should be vacated in order to uphold the right of New Yorkers to keep and bear arms, as well as to vindicate the authority of this Court over the circuit courts. This Court’s Opinion in Bruen was issued on June 23, 2022. Only hours later, New York Governor Hochul promised to ‘fight back’:We just received some disturbing news . . . the Supreme Court . . . has stripped away the State of New York’s right and responsibility to protect its citizens . . . with a decision . . . which is frightful in its scope of how they are setting back this nation. . . . This decision is not just reckless, it’s reprehensible. It’s not what New Yorkers want, and we should have the right of . . . what we want to do in terms of gun laws in our state. . . . [O]ur governor has a moral responsibility to do what we can . . . because of what is going on, the insanity of the gun culture that has now possessed everyone up to the Supreme Court. . . . We’ve been ready for this . . . We’ve been working with a team of legal experts . . . I’m prepared to call the legislature back into session. . . . We are not going to cede our rights that easily, despite the best efforts of the politicized Supreme Court. . . . No longer can we strike the balance. . . Shocking. They have taken away our rights. . . . This is New York. We don’t back down. We fight back. . . . I’m prepared to go back to muskets. . . . We’re just getting started here. Just eight days later on July 1, 2022, the New York Legislature responded to Governor Hochul’s call to defy this Court’s authority and resist Bruen’s protection of Second Amendment rights, enacting the Concealed Carry Improvement Act (“CCIA”). After extensive briefing, a hearing, and oral argument, the district court enjoined portions of the CCIA in a 184-page opinion. Shortly thereafter the Second Circuit, without providing any reasoning or analysis, granted New York’s request first for a temporary administrative stay, and then a stay pending appeal, allowing New York’s repudiation of Bruen back into effect without so much as a brief explanation.”The key to the Plaintiffs’ argument supporting relief from the Second Circuit’s perfunctory decision is the lack of reasoning of the Second Circuit for overriding the District Court’s analysis of the“Four-Factor” test, and the High Court is requesting the Government, and, obliquely, the Second Circuit itself, for an explanation of its reasoning behind the lifting of the PI stay of execution of the CCIA.In its comprehensive Opinion, the District Court determined the Plaintiff New York Concealed Handgun Carry Licensees proved that awarding the PI is warranted.The U.S. Supreme Court is of course well versed in the District Court’s comprehensive rulings, supporting its granting of Plaintiffs’ PI. And the High Court is well aware of the Second Circuit’s curt reversal of the lower Court’s decision.The U.S. Supreme Court’s unusual “request,” directed to the New York Government, is also aimed at the Second Circuit. The High Court is asking the Government, essentially a surrogate for the Second Circuit, here, to explain why the District Court’s comprehensive, logical, rational opinion, supporting its granting of the Preliminary Injunction, should be considered erroneous.Since the Second Circuit’s reversal of the District Court’s well-reasoned opinion granting the PI, is cryptic or, otherwise, meaningless, the U.S. Supreme Court has asked the Government to step in and explain why the U.S. District Court’s granting of the PI, staying enforcement of the CCIA should not be reinstated.This request mirrors the Plaintiffs’ Application to the Second Circuit, requesting an explanation for its curt reversal of the District Court’s granting of the Plaintiffs’ PI, sans any reason for lifting the Stay of the CCIA, imposed by the District Court.See our article titled, “New York’s Gun Law: A History Of & Present Status Of The Antonyuk Case,” posted on Ammoland Shooting Sports News, posted on December 28, 2022.The U.S. District Court for the Northern District of New York issued a Preliminary Injunction against enforcement of the CCIA because,

• The Plaintiff New York State Concealed Handgun Carry Licensees are likely to succeed on the merits.
• The Plaintiffs will suffer irreparable injury absent a stay of the
• The Government is unlikely to incur substantial injury through a stay of enforcement of the CCIA during the review of the merits of the Plaintiffs' case against the New York Government.
• The public interest is so great and so grave that enforcement of the Government’s CCIA should be stayed pending the resolution of the Plaintiffs’ Preliminary Injunction.

That the Second Circuit lifted the stay not only allows enforcement of the CCIA, before the merits of the case are decided but disturbingly suggests the Second Circuit will ultimately find for the Government. This means, at first glance, at least, that the Second Circuit won’t issue a permanent injunction against enforcement of the CCIA but will find the CCIA Constitutional when it isn’t. But this is unlikely. We explain why in a subsequent article.One thing is clear. The New York Government, and, by extension, the Second Circuit—one through weak argument, and the second through a lame judicial order—have admitted they detest the Second Amendment, and are contemptuous of both the rulings in Bruen. And, further, that Governor Hochul, to her everlasting shame, expressed her personal disdain for the Court Majority that issued the rulings, thereby exhibiting her defiance of the U.S. Constitution, her contempt for the Nation, as an independent sovereign Nation-State and free Constitutional Republic, and her loathing of the people who happen to cherish their God-Given fundamental, unalienable, immutable, illimitable, unmodifiable, and eternal, and absolute right to armed self-defense.But let Hochul rant and rave. The New York State Government and the Second Circuit are behind the eight-ball, now.The U.S. Supreme Court knows there is no logical and legal reason to allow for the enforcement of an unconstitutional Gun Law. And the High Court is nudging the Government to admit that fact.The Government need not respond to Justice Sotomayor’s unusual directive, as it is a “request,” not an order. But, obviously, Justice Sotomayor has encouraged the Government to respond, as failure to respond serves as a silent affirmation of the unconstitutionality of the CCIA.We consider in our next article the options open to the Government and the ramifications of their action, or non-action. The New York Government’s response—if there is one—must be filed by late afternoon, Tuesday, January 3, 2023. ___________________________________

THE NEW YORK STATE GOVERNMENT MUST EXPLAIN ITSELF TO THE U.S. SUPREME COURT: THE FATE OF MILLIONS OF NEW YORK GUN OWNERS HANGS IN THE BALANCE, AND THE CLOCK IS TICKING

SUBPART THREE

{INTRODUCTORY QUOTE}“A general dissolution of principles and manners will more surely overthrow liberties of America than the whole force of the common enemy. While the people are virtuous, they cannot be subdued; but when once they lose virtue then will be ready to surrender their liberties to first external or internal invader.”~ Samuel Adams, American Statesman, and Founding FatherThe Plaintiff holders of New York handgun carry licenses requested clarification of the Second Circuit’s terse and vacuous, perfunctory order that overturned the U.S. District Court’s granting of their Preliminary Injunction, staying enforcement of the Government’s Concealed Carry License Improvement Act (CCIA).Concerned with an unsatisfactory order lacking any decipherable explanation for its decision staying the Preliminary Injunction, allowing enforcement of Hochul’s amendments to New York’s Gun Law during the pendency of Antonyuk vs. Nigrelli, the Plaintiffs brought their grievance to the U.S. Supreme Court.The High Court accepted the Plaintiffs’ Application for Relief. The Government has precious little time to offer a response, although it need not do so. But, the Second Circuit has provided the New York Government until 4.00 PM, Tuesday, January 3, 2023, to issue its response if it wishes to do so.The procedural tool the Plaintiffs used to secure U.S. Supreme Court intervention here is called the “All Writs Act,” codified in 28 USCS § 1291. And the application of it is often a tortuous mess. The High Court didn’t rule on its efficacy of it here, but it served its purpose.As one legal writer said of the “All Writs Act,”“The prevailing doctrinal landscape is principally a product of two mid-twentieth-century judicial innovations: (1) the collateral order doctrine, which expands the meaning of the term ‘final decision’ for purposes of 28 U.S.C. § 1291; and (2) appellate mandamus, which allows the federal courts of appeals to review interlocutory orders by issuing writs of mandamus under the All Writs Act, The current system has been subject to much criticism: ‘hopelessly complicated,’  ‘legal gymnastics,’ ‘dazzling in its complexity,’ ‘unconscionable intricacy’ with ‘overlapping exceptions, each less lucid than the next,’ ‘an unacceptable morass,’ ‘dizzying,’ ‘tortured,’ ‘a jurisprudence of unbelievable impenetrability,’ ‘helter-skelter,’ ‘a crazy quilt, ‘a near-chaotic state of affairs,’ a ‘Serbonian Bog,’ and ‘sorely in need of limiting principles.’ In the face of such criticism, the prevailing doctrine on appellate jurisdiction has proven to be surprisingly immune from reform.” “Reinventing Appellate Jurisdiction,” 48 B.C. L. Rev. 1237, November 2007, by Adam N. Steinman, Professor of Law, University of Cincinnati, College of Law, J.D. Yale Law School.” The High Court didn't rule on the applicability of the “All Writs Act,” thereby tacitly accepting jurisdiction to handle the matter set forth in the Plaintiffs' Application for Relief. And the High Court sent a clear message to the New York Government and, by extension, a silent message to the U.S. Court of Appeals for the Second Circuit as well.The stakes are high, for everyone, Plaintiff New York Concealed Handgun Carry Licensees and Defendant New York Government Officials and Officers, and the matters involved impact the entire Nation, both the American People and other State Governments, and the Federal Government, too. You can bet that Justice Sotomayor’s Order placed a damper on New York Governor Kathy Hochul’s New Year’s Eve and New Year’s Day Holiday festivities. And Hochul’s Attorney General, Letitia James, and her staff of lawyers could not have been any happier.Although, as we pointed out, supra, the Defendant New Y0rk Government need not respond to Justice Sotomayor’s directive as it is only a “request” for a response, not an “order” demanding a response, unusual as this “request” is, it would be remiss of the Government to ignore this request. The issuance of even a seemingly benign request, any item coming from the U.S. Supreme Court is to be taken seriously, and in some cases, as here, cause for alarm. And Hochul's Government would be wise to respond to it, even if it isn't required to do so, as the New York Handgun license scheme licensing in place for well over one hundred years is on the line even if it doesn’t appear at the moment to be in jeopardy. It most definitely is.Whether the Government responds or not, however, various scenarios play out. We start with these three observations:First, the U.S. District Court for the Northern District of New York realized the CCIA was not only blatantly unconstitutional but, as it is the Government’s response to the NYSRPA vs. Bruen, the CCIA operates as a blatant slap in the face to the High Court.Second, Hochul and the Democrat Party-controlled Legislature in Albany basically told the U.S. Supreme Court to go to Hell. And while the District Court had no intention of playing that game of kowtowing to the New York Government any longer, the Second Circuit did so, lifting the PI Stay, but with an inadequate explanation because, obviously, there isn't one to be made.Third, The persistent problem for both the New York Government and the Second Circuit, is that the District Court’s findings were not wrong, which is why the District Court granted the PI. That fact also explains why the Second Circuit issued a perfunctory order, not dealing directly with the District Court’s findings. The Second Circuit could not rationally explain how the District Court’s application of the “Four-Factor” test was erroneous, but it didn’t want to rule against the Government. So, it issued a lame order.The Government and the Second Circuit might have expected the Plaintiffs would appeal the adverse action of the Second Circuit to the U.S. Supreme Court, but it probably felt the High Court would not accept the Plaintiffs’ application, inferring that there is no tenable basis for the High Court to entertain an interlocutory order here. Indeed, the Plaintiffs probably struggled to find a jurisdictional basis. The best thing, apparently the only thing, the Plaintiffs could come up with was the “All Writs Act” which is a wild stab at getting the U.S. Supreme Court’s attention. But it worked. The High Court wasn't going to stand on ceremony here. And, some credible basis could be made, if the High Court wished to deal with the applicability of the “All Writs Act,” jurisprudentially and jurisdictionally, as the application of it has expanded exponentially through time (so why not here?), the issues are so compelling that the High Court cut to the chase. The implication of the importance of Antonyuk vs. Nigrelli is clear from the fact that the U.S. Supreme Court issued an order qua “request” at all, on an interim, interlocutory matter. The New York Government and the Second Circuit felt smug. They both knew or would have, at least, surmised that the Plaintiffs would file their Application for Relief from the Second Circuit's Order, but both apparently, believed, erroneously, that the High Court would reject the Plaintiffs’ Application out of hand. They were wrong if they held such notions.The U.S. Supreme Court didn’t rule on the application of the All Writs Act. It did an end run around it, simply “requesting,”—inviting, but not demanding—the New York Government to respond to the Plaintiffs’ Application for Relief from the Second Circuit’s stay of the Preliminary Injunction. That the High Court has at least invited the Government to respond is bad enough for the Government.What will Hochul’s Government do?The Government need not do anything. The High Court isn’t demanding a response from the Government. It only “requests” a response.Suppose the Government refrains from responding to Justice Sotomayor’s “request,” and takes its chances, relying on the decision of the Second Circuit that reversed the District Court, allowing enforcement of the CCIA during pendency —essentially doubling down on the Second Circuit’s weak Order.This would not bode well for the Government. The High Court could have remained aloof. It could have rebuffed the Plaintiffs’ application for relief from the Second Circuit’s Order. In that event, the High Court would have denied the Application outright. The CCIA would remain in force, and the PI stayed during the pendency. But the High Court didn’t do that.In requesting a response from the Government, the High Court had, in a non-positive way, manifested an interest in the Plaintiffs’ arguments, suggesting that the Plaintiffs’ arguments, supporting its Application for relief from the Second Circuit’s decision staying the PI, have merit. So the Government is obliged to respond.But then, why didn’t the High Court formally take the case up and issue an interlocutory order reversing the Second Circuit’s decision, sua sponte, i.e., on its own motion, affirming the District’s decision, and granting the PI? In that event, enforcement of the CCIA would be stayed, pending resolution of the merits, after which the losing party, having in hand a final order, could appeal a final decision to the U.S. Supreme Court for a full hearing of the Antonyuk vs. Nigrelli case, on the merits. Perhaps, the U.S. Supreme Court, at the moment, at least, wishes to be tactful, and diplomatic. And, so, the Government is tactically compelled to respond. It must take the High Court’s “request” as at least a tacit demand for a response, and for good reason.For, if the Government fails to respond, the High Court will likely, ipso facto, reverse the Second Circuit’s decision. The Government is, then, just asking for trouble by cavalierly failing to respond to the “request.”The Government, from years of experience, would have reason to expect the Second Circuit would kowtow to it, rubber-stamping the most outrageous Government actions, even as the lower Federal District Court made clear it was no longer going to play that game. This came as a surprise to Hochul. And she continually misconstrues the District Court's intent, refusing to acknowledge that the Court's orders mean what they say. This became blatantly clear in Hochul's remarks to the public after the U.S. District Court for the Northern District of New York dismissed Antonyuk vs. Bruen (Antonyuk I), inferring, wrongly, that the dismissal of the case, without prejudice, constituted an outright win for the Government. Hochul apparently failed to peruse, or, otherwise, she dismissed the reasoning of the Court. The Court made abundantly clear that the major, substantive portions of the CCIA are patently illegal, inconsistent with the plain meaning of the Second Amendment to the U.S. Constitution, and inconsistent with the rulings of the U.S. Supreme Court in NYSRPA vs. Bruen. No matter. The District Court dismissed the case. And for Kathy Hochul that is ALL THAT MATTERED to Hochul. Had she spent a little time reflecting on the content of the Opinion, she would know the Court had dismissed the case due to a standing issue of one of the Party Plaintiffs, and that matter could be rectified by simply filing a new case setting out the same allegations. Thus, the District Court tacitly encouraged the Plaintiff, Ivan Antonyuk, in the Plaintiffs' capacity as an injured individual, to file a new case against the New York Government. And Ivan Antonyuk did just that. That case, Antonyuk vs. Nigrelli (Antonyuk II), has come to bite Hochul, like an angry tiger, on her behind, and that tiger is not letting go.It is one thing for Governor Hochul to expect the New York Courts to kowtow to the New York Government on Second Amendment matters, as it has consistently done through the many years and decades. And the Second Circuit has done so, and the District Court has not, even if Hochul wishes to delude herself to think otherwise OR otherwise expect, as, at the moment, has panned out, that the higher U.S. Court of Appeals for the Second Circuit will override the lower U.S. District Court's rulings. But, it is quite another thing entirely to expect the U.S. Supreme Court to do the same, to kowtow to the Government, knowing that Justice Sotomayor, along with a couple of other Associate Justices, is a diehard liberal-wing Justice, sharing the same ideology, abhorring the Second Amendment no less so than the New York State Government and the Second Circuit, and will therefore keep the High Court Conservative wing in check. No! Where, as here, the institution of the U.S. Supreme Court is threatened, the Justices will band together to preserve the sanctity of the High Court. That was true up to the present time. But with Biden's nominee to the High Court, now confirmed and sitting on the High Court, Ketanju Brown Jackson, it may very well be that a long-standing venerable institution is in danger of losing its integrity upon which it has heretofore remained a truly independent Branch of Government.Therefore, as for the matter at hand, Justice Sotomayor is not about to take action in a manner blatantly inconsistent with the U.S. Supreme Court Bruen rulings, even if she, along with a few other Justices, tends, ideologically, to be sympathetic to the Government's position on the Second Amendment.Thus, the Parties to the action here will be placed in the same position they were in before the Second Circuit’s action. The Second Circuit will be compelled to review the merits of the PI with enforcement of the CCIA stayed during the pendency of a decision on the merits of the case. Nonetheless, the New York Government ought to respond and, it is our prediction, will respond to Justice Sotomayor's “request.”  It must respond or incur the wrath of the U.S. Supreme Court that will take a non-response as yet one more personal slight, adding to a plethora of previous indignities that the miscreant, Kathy Hochul, showered on the Court.   As this article goes to posting, at the end of the business day, January 3, 2023, the New York Government has filed its response to Justice Sotomayor's “request,” pulled up from the U.S. Supreme Court docket. The filing is viewable as a PDF.AQ will study it shortly. Given the short time that the Government had available to it, to respond to Justice Sotomayor's, “request,”  the Government has probably reiterated the points made in its original response to the District Court’s decision, granting the PI, staying enforcement of the Government’s CCIA, and will hope for the best. What happens now?We consider the possibilities in depth, in the next article.______________________

NEW YORK GOVERNOR HOCHUL IS CAUGHT BETWEEN A ROCK AND HARD PLACE AND SHE HAS NO ONE TO BLAME FOR THIS BUT HERSELF

SUBPART FOUR

{INTRODUCTORY QUOTE}“The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors.” ~ Samuel Adams, American Statesman, and Founding FatherNow that New York Governor Kathy Hochul has responded to Justice Sotomayor’s “Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023,” which has just been filed, viewable on the SCOTUS docket, the question is, what happens now? What will the U.S. Supreme Court do?This much we surmise:Justice Sotomayor will act, but she won’t act on her own. Likely, she can’t act on her own. The entire Court must resolve the matter, and it will resolve the matter.The High Court will review and analyze both the Plaintiffs' Application for Relief, previously filed, and titled, “Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit”, and the Defendant New York Government's Response to the Plaintffs' Application for Relief, titled, “Brief For Respondents In Opposition To Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The U.S. Court Of Appeals For The Second Circuit.” In rendering its decision, the High Court will likely utilize New York’s own “Four-Factor” standard, devised by the New York Federal Courts to ascertain if a Preliminary Injunction (PI) is warranted or not.Applying New York’s own test, the High Court will determine whether to lift the stay or retain the stay on enforcement of the CCIA during the pendency of a final decision on the PI. The case will then be returned to the Second Circuit for the ultimate resolution of the PI.AQ anticipates that the High Court will waste little time on this, and will render a decision within the next few days or within a week or two at the latest.Likely the High Court will find the District Court’s ruling, granting the Plaintiffs’ PI, warranted and will order the Second Circuit to stay execution of the CCIA while the Second Circuit hashes out the substantive merits of the case.One might think the Second Circuit would find against the Plaintiffs, on the merits, given the Court’s animosity toward the Second Amendment as illustrated in its decision on the District Court’s granting of the Preliminary Injunction. But will it do this? Suppose it does. What then? Plaintiffs will immediately appeal the adverse decision to the U.S. Supreme Court. And the U.S. Supreme Court would take the case up. There is no doubt about that. The U.S. Supreme Court would take the case up because Antonyuk vs. Nigrelli directly affects the High Court’s earlier decision in NYSRPA vs. Bruen. That is something neither the New York Hochul Government, nor the Second Circuit would want. For, the High Court would find that the CCIA, either in full or in substantial part, does not comply with the High Court’sBruen rulings. The High Court would thereupon strike the CCIA down.This would place Hochul Government in a much worse position than it was in when theBruen rulings first came down on June 23, 2022. Hochul should not have toyed with the High Court, pretending to comply with the Court’s Bruen rulings, all the while machinating to further constrain and constrict the exercise of the citizen’s right to armed self-defense. But Hochul thought she knew better. She didn’t. Instead, she stuck her foot well down her throat, and there it remains.And, once the High Court finds theCCIA unconstitutional, it could go one step further, finding the entire New York concealed handgun carry licensing structure unconstitutional. This is something it avoided in NYSRPA vs. Bruen. But, given Hochul’s contemptuous attitude toward the High Court, the gloves are off. The Court could and will take the Hochul Government to task. Strategically, then, to assist the Government, the Second Circuit would do well to find for the Plaintiffs, issuing a Permanent Injunction against enforcement of theCCIA. The Hochul Government wouldn’t dare appeal a seemingly adverse decision. That would be disastrous not only for New York, but for many other jurisdictions around the Country, including New Jersey, Illinois, California, Oregon, and Washington State, among others. Ultimately New York will have to revert to the original Gun Law, in substantial part, albeit without the “Proper Cause” requirement and without the other mischief it devised in constructing the CCIA. The Government will be compelled to issue a lot more concealed handgun carry licenses. It would be a bitter pill for the Government to swallow. But, at least, the Hochul Government will be able to keep intact some semblance of the State handgun licensing scheme, which it desires to preserve at all costs.Can Hochul do anything else, if not juridically, then politically to constrain New Yorkers from exercising their Second Amendment right? She can rant and rave to the Press, of course, which she will do anyway, and she can take her complaint to the Grand Harlequin in Chief, Joe Biden. But what the Hell can Biden do for her? Not a damn thing unless his Administration is prepared to declare martial law, arguing the U.S. Supreme Court and the Bill of Rights are now both defunct. This would lead to armed conflict throughout the Country. That is a dead certainty. The Administrative State, although powerful, isn’t omnipotent even if it thinks it is and even if many of the brainwashed legions of Americans think so, too.For, here, in our Country, unlike in the EU, in the Commonwealth Nations, or in CCP China, Americans are well-armed, tens of millions of Americans, and Americans have substantial ammunition to prevent a Neoliberal Globalist/Neo-Marxist Counterrevolution from overturning the American Revolution of 1776.History, morality, and law would all be on the side of America’s Patriots to take up arms against forces intent on thrusting a Neoliberal Globalist/Neo-Marxist Counterrevolution on the Nation.A declaration of martial law where no legitimate reason exists for invoking it—and there is none—irrefutably points to immoral and unlawful tyranny of Government.The Biden Administration would be openly guilty of this: launching tyranny of Government in the form of an illegal oligarchic conspiratorial takeover of the Government against the American people.Recall that Justin Trudeau declared martial law in Canada, for a short time. Canada has nothing remotely like a true Bill of Rights to secure freedom and liberty for common Canadians, but even that jackass was forced to back down, given a backlash in the Canadian Parliament. But he has learned from his earlier mistakes. He has since insinuated martial law in Canada incrementally, insidiously, beginning with a total ban on civilian possession of handguns. Further actions against liberty and freedom will be forthcoming. Wait and see. So much for Canada. And lots of luck with that, you Canadians!But for us, Americans, we should focus on Antonyuk vs. Nigrelli. Where is that case headed in the immediate future?The High Court will issue its order, sending the case back to the Second Circuit, but likely reaffirming the District Court’s grant of the PI, staying enforcement of the CCIA during the pendency of the case. That is our prediction. And that benefits Plaintiffs from the get-go. Time is on their side. However long the Second Circuit takes, the CCIA will remain suspended. We also predict as we stated, supra, that the Second Circuit will affirm the District Court’s findings on the Plaintiffs’ PI and convert it to a Permanent Injunction against enforcement of the CCIA, in full or in substantial part. The Second Circuit will take that seemingly paradoxical action to salvage for the Hochul Government what it can of New York’s concealed handgun licensing structure. Otherwise, if the Second Circuit were to find against the Plaintiffs, overturning the PI, ruling the CCIA constitutional, that would serve as a final appealable order just begging for the High Court's review of the case on the substantive merits with disastrous consequences for Hochul’s Government. So, the Hochul Government is, ultimately, in a quagmire it cannot extricate itself from. And Hochul herself can’t do a damn thing about it except beat her chest, screech, and howl to the winds. And, she has only herself to blame for this. She should not have toyed with the Bruen rulings, nor should she have poured salt on an open wound, contemptuously deriding the Court for its rulings, in the process, as she openly defied the Court.So, then, the Plaintiffs are in a strong position here to secure and strengthen the natural law right codified in the Second Amendment even if that isn’t immediately evident.The Neoliberal Globalists and Neo-Marxists both here and abroad will also moan and thrash about in impotent rage as the Republic may yet survive. The question is: Will the Biden Administration dare impose martial law on the Country in the next couple of years? Not likely. Not that it wouldn’t love to do just that.But, for all the myriad ways that the Biden Administration has deliberately weakened this Country, in the first two years of its reign, reversing Trump’s triumphs, as he has strengthened our Nation, and has secured it from threats posed by obvious foes and by dubious friends, the Biden Administration would be out of its mind to attempt confiscation of arms and ammunition on an industry-wide scale. What argument could the Biden Administration rationally conjure up? Can it rationally claim national security concerns, demanding that stringent measures be taken against those gun-toting “MAGA” Americans, and claiming a desire to protect the public from this thing, “Gun Violence,” even as the Government allows, even encourages, psychopathic criminals and lunatics to run amok, preying at will on innocent Americans?Spouting endless harangues against guns and the tens of millions of Americans who cherish their natural law right to keep and bear arms is one thing. Americans are inured to that. It is nothing more than water rolling off a duck’s back. But, to demand that average Americans forsake their firearms or face the wrath of the Federal Government is something else again. That is a recipe for civil war, the likes of which this Nation hasn’t seen since the War between the Blue and Gray. And it is the Federal Government itself that would bear sole responsibility for lighting that powder keg, unleashing a new horror on the Country for which History would forever justifiably excoriate.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

THE MEANING OF THE SECOND AMENDMENT IS CLEAR, AND THE U.S. SUPREME COURT HAS SPOKEN, BUT THE BIDEN ADMINISTRATION AND NEW YORK GOVERNOR HOCHUL HAVE OTHER PLANS

POST-BRUEN—WHAT IT ALL MEANS AND WHAT ITS IMPACT IS BOTH FOR THOSE WHO SUPPORT AND CHERISH THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO DO NOT; THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY THE EXERCISE OF THE RIGHT AND THOSE WHO SEEK TO PRESERVE AND STRENGTHEN THE RIGHT BOTH FOR THEMSELVES AND THEIR DESCENDANTS

MULTI SERIES

PART TWENTY

SUBPART ONE OF PART TWENTY

{INTRODUCTORY QUOTATION}“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their arms.” ~Samuel Adams, American Statesman and Founding FatherThe importance of Heller, McDonald, and Bruen cannot be overstated. These cases, together, establish the Court’s recognition of, one, the immutable, eternal right of the people to keep and bear arms, two, that this right shall not be infringed, and, three, that the armed citizenry is necessary to the security of a free State.The existence of and maintenance of a free Constitutional Republic is impossible without a well-armed citizenry.To understand where we are, at the start of a new year, we must retrace our steps back to 2020.Biden and the Democrat Party will up the ante in their attack on the Second Amendment. That is indisputable.In 2022, this assault on the right to armed self-defense against the predatory beast, predatory man, and, worst of all, predatory Government, became manifest.In early February 2021, we pointed out, in our article, titled, “The Biden Plan for the Political and Social Remaking of the American Landscape,” that——“During his first two weeks in Office, Joe Biden signed over 40 executive orders or similar executive edicts. And he isn’t done. A few days into February and we can expect to see 50 or more Presidential executive orders and other edicts.” This is unheard of.For comparison, we pointed to a news report published in February 2021, positing that,“President Donald Trump signed four in his first week in 2017; President Barack Obama signed five in 2009; President George W. Bush signed none in his first week in 2001; and President Bill Clinton signed one in 1993.”Apparently, Biden and the puppet masters who control him would waste no time reversing the gains Trump had made in setting the Nation back on course, consistent with the aims of the founders of our Nation: To maintain a strong and independent, sovereign Nation-State, and free Constitutional Republic.The Neoliberal Globalists have reverted to their agenda, set in motion by George Bush and Barack Obama, aimed at dismantling a free Republic and eliminating the exercise of Americans’ natural law rights through which the citizenry maintains its lawful sovereign authority over the Nation and Federal Government, and over its own destiny.Also, in that February 2021 article, the reporter pointed out that——“The twin issues of ‘guns’ and ‘gun violence’ will be much discussed in the weeks and months ahead. That much is certain.Will Biden sign an executive order banning assault weapons’ and will he sign a flurry of other antigun laws as well, not bothering to wait for Congressional enactments?Don’t think this is improbable. In fact, with all the banter of gun-toting ‘white supremacists’ and right-wing ‘domestic terrorists’ and with thousands of National Guard troops camped out in the U.S. Capital, and with the constant denigration of and growing suppression of conservative dissent, something is definitely afoot. In fact, the Democrat Party propaganda machine is in overdrive. The propagandist newspaper, NY Times, for one, has laid the groundwork for an assault on ‘guns.’”Our remarks and those in the news article were prescient.In June 2022, due to Congressional Democrats and scurrilous Congressional Republicans, Biden “signed into law into law the first major federal gun reform in three decades, days after a decision he condemned by the Supreme Court expanding firearm owners’ rights.” See the article in Reuters.Dutifully, compliantly obeying the orders of his Administrative nursemaids and caretakers, who themselves take orders from shadowy, sinister forces from on high, the Biden puppet also took aim at the millions of civilian citizens who own and possess semiautomatic weaponry and components of the weapons.But what is especially important here is a remark Biden conveyed to the Press, as reported by Reuters, in that same June 2022 article.“‘The Supreme Court has made some terrible decisions.’” The demented fool probably didn’t know what specific U.S. Supreme Court cases his caretakers ordered him to refer to. No matter. All Americans should know. And America’s Patriots do know.One was Dobbs vs. Jackson Women’s Health. Dobbs. The other was NYSRPA vs. Bruen. Both decisions are important. But the latter is much more important. The latter case pertains directly to the security of a free State. The former does not.NYSRPA vs. Bruen is the latest in a Supreme Court jurisprudential “trilogy” of seminal Second Amendment cases. Yet, the Biden Administration and some State Governments have openly defied the U.S. Supreme Court, and, worse, have openly demonstrated visible contempt for the High Court.At both the Federal Level and State Levels, powerful malevolent and malignant forces have directed their assault on America’s Second Amendment. Biden and New York Governor Kathy Hochul are the public faces behind shadowy orchestrators, passing along orders surreptitiously to their puppets.Our Free Constitutional Republic is in dire jeopardy.New York State Government and actions of other States since Bruen demonstrate all the fervor, ferocity, and audacity of those State governments to go their own way, blatantly disregarding Bruen as they disregarded Heller and McDonald. This has resulted in a plethora of new litigation against the States by Americans who desire only to exercise their natural law right to armed self-defense.This points to a tremendous disconnect between the Country Americans know and love, and an alien, monstrous non-nation the Biden Administration and many States, in league with the Biden Administration wish to thrust on Americans, against their will.The number of cases filed and progression of post-Bruen case law decisions in New York, alone, point to Americans’ adoration of the natural law right to armed self-defense and to the extraordinary lengths they will go to compel rogue States to adhere to both the plain meaning of the Second Amendment and to those U.S. Supreme Court rulings cementing the Second Amendment in the American psyche.The High Court directed its Bruen rulings to New York’s “May Issue” gun law language, apropos of the State’s “Proper Cause” requirement. But the Court’s rulings apply to other States with similar language in their Gun Laws.As one might expect, holders of valid New York concealed handgun carry licensees were the first out of the gate, in any jurisdiction, to challenge the constitutionality of amendments to the New York Gun Law, the “Concealed Carry Improvement Act” (“CCIA”). The Bruen decision came down on June 23, 2022. Hochul signed the CCIA into law on July 1, 2022. And Plaintiffs filed their case, Antonyuk vs. Bruen (Antonyuk I) on July 11, 2022.Since then, both Antonyuk I and a plethora of other cases wended their way through New York’s Federal Courts. But none are more important than that first case, as it is the first one to make its way to the U.S. Court of Appeals for the Second Circuit, and the first one to receive a response from the U.S. Supreme Court since its rulings in NYSRPA vs. Bruen.After the U.S. District Court for the Northern District of New York dismissed Antonyuk I, without prejudice, Plaintiff Ivan Antonyuk and other holders of valid New York handgun carry licenses filed a new case, on September 20, 2022 (Antonyuk II). That case was recaptioned Antonyuk vs. Hochul. And, after the Court dismissed Hochul out as a Party Defendant, and, after a new Superintendent of the New York State Police, Steven Nigrelli, took over from the previous Superintendent of the New York State Police, Kevin Bruen, the Plaintiffs’ recaptioned the case, Antonyuk vs. Nigrelli.The U.S. District Court for the Northern District of New York granted the Plaintiffs’ Preliminary Injunction, staying the execution of Hochul’s CCIA on November 7, 2022.One day later, coincidentally, the date of the Midterm Elections, November 8, 2022, the New York Government filed its Motion to the U.S. Court of Appeals, seeking relief from the PI, and the Second Circuit granted the relief the Government sought, on November 15, 2022, staying the PI, allowing execution of the CCIA during the pendency of the merits of the PI. Four days later, the Plaintiffs, NY concealed handgun carry licensees filed their own response to the lifting of the Stay.After the Second Circuit issued its ruling reversing the District’s granting of the Plaintiffs’ Preliminary Injunction. The Second Circuit modified its order minimally. The PI remained, stayed. See the Arbalest Quarrel article, posted on December 14, 2022, for details.The plaintiffs appealed the Second Circuit’s ruling, requesting relief from the U.S. Supreme Court.As pointed out by John Crump, in an article posted on Ammoland on December 28, 2022, the U.S. Supreme Court, on December 27, 2022, demanded a response from the Second Circuit.Justice Sotomayor issued a terse “request.” Note: the term ‘request’ means the High Court isn’t ordering Hochul’s Government to respond to the Plaintiff’s Application for Relief, but a “request,” having been made, obviously encourages the Government to respond.Sotomayor’s directive reads:“Response to application (22A557) requested by Justice Sotomayor, due by 4 p.m. (EST), Tuesday, January 3, 2023.”Sotomayor’s Order is in reference to the Plaintiffs’ filing of December 21, 2022, titled,“Emergency Application For Immediate Administrative Relief And To Vacate Stay Of Preliminary Injunction Issued By The United States Court Of Appeals For The Second Circuit.”In their filing, the Plaintiffs assert,“Without providing any analysis or explanation, the Second Circuit has stayed a preliminary injunction issued by a federal district court in New York that was carefully designed to limit New York’s enforcement of a sweeping gun control statute, enacted as retaliation against New York gun owners for having prevailed in this Court’s decision in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). The district court’s injunction was supported by a detailed 184-page opinion, meticulously tailored to follow this Court’s framework established in Bruen. In contrast, the Second Circuit’s stay pending appeal was issued based only on a single conclusory assertion, yet with the effect of indefinitely suspending the protections afforded New Yorkers by the Second Amendment and affirmed by this Court in Bruen. The Second Circuit’s stay should be vacated in order to uphold the right of New Yorkers to keep and bear arms, as well as to vindicate the authority of this Court over the circuit courts. This Court’s Opinion in Bruen was issued on June 23, 2022. Only hours later, New York Governor Hochul promised to ‘fight back’:We just received some disturbing news . . . the Supreme Court . . . has stripped away the State of New York’s right and responsibility to protect its citizens . . . with a decision . . . which is frightful in its scope of how they are setting back this nation. . . . This decision is not just reckless, it’s reprehensible. It’s not what New Yorkers want, and we should have the right of . . . what we want to do in terms of gun laws in our state. . . . [O]ur governor has a moral responsibility to do what we can . . . because of what is going on, the insanity of the gun culture that has now possessed everyone up to the Supreme Court. . . . We’ve been ready for this . . . We’ve been working with a team of legal experts . . . I’m prepared to call the legislature back into session. . . . We are not going to cede our rights that easily, despite the best efforts of the politicized Supreme Court. . . . No longer can we strike the balance. . . Shocking. They have taken away our rights. . . . This is New York. We don’t back down. We fight back. . . . I’m prepared to go back to muskets. . . . We’re just getting started here. Just eight days later on July 1, 2022, the New York Legislature responded to Governor Hochul’s call to defy this Court’s authority and resist Bruen’s protection of Second Amendment rights, enacting the Concealed Carry Improvement Act (“CCIA”). After extensive briefing, a hearing, and oral argument, the district court enjoined portions of the CCIA in a 184-page opinion. Shortly thereafter the Second Circuit, without providing any reasoning or analysis, granted New York’s request first for a temporary administrative stay, and then a stay pending appeal, allowing New York’s repudiation of Bruen back into effect without so much as a brief explanation.”The key to the Plaintiffs’ argument supporting relief from the Second Circuit’s perfunctory decision is the lack of reasoning of the Second Circuit for overriding the District Court’s analysis of the “Four-Factor” test, and the High Court is requesting the Government, and, obliquely, the Second Circuit itself, for an explanation of its reasoning behind the lifting of the PI stay of execution of the CCIA.In its comprehensive Opinion, the District Court determined the Plaintiff Handgun Licensees proved that awarding the PI is warranted.The U.S. Supreme Court be versed in the District Court’s comprehensive rulings, supporting its granting of Plaintiffs’ PI. And the High Court would be versed in the Second Circuit’s reversal of the lower Court’s curt decision, dismissive of the District Court’s findings.The U.S. Supreme Court’s unusual “request,” directed to the New York Government, is also aimed at the Second Circuit. The High Court is asking the Government, essentially a surrogate for the Second Circuit, to explain why the District Court’s comprehensive, logical, rational opinion, supporting its granting of the Preliminary Injunction, should be considered erroneous.Since the Second Circuit’s reversal of the District Court’s well-reasoned opinion granting the PI, is cryptic or, otherwise, meaningless, the U.S. Supreme Court has asked the Government to step in and explain why the U.S. District Court’s granting of the PI, staying enforcement of the CCIA should not be reinstated.This request mirrors the Plaintiffs’ Application to the Second Circuit, requesting an explanation for its curt reversal of the District Court’s granting of the Plaintiffs’ PI, sans any reason for lifting the Stay of the CCIA, imposed by the District Court.See our article titled, “New York’s Gun Law: A History Of & Present Status Of The Antonyuk Case,” posted on Ammoland Shooting Sports News, posted on December 28, 2022.The U.S. District Court for the Northern District of New York issued a Preliminary Injunction against enforcement of the CCIA because,

• The Plaintiff handgun licensees are likely to succeed on the merits.
• The Plaintiffs will suffer irreparable injury absent a stay of the CCIA.
• The Government is unlikely to incur substantial injury through a stay of enforcement of the CCIA during the review of the merits of the Plaintiffs' case against the New York Government.
• The public interest is so great and so grave that enforcement of the Government’s CCIA should be stayed pending the resolution of the Plaintiffs’ Preliminary Injunction.

That the Second Circuit lifted the stay not only allows enforcement of the CCIA, before the merits of the case are decided but disturbingly suggests the Second Circuit will ultimately find for the Government. This means the Second Circuit likely won’t issue a permanent injunction against enforcement of the CCIA but will find the CCIA constitutional when it isn’t.The New York Government, and, by extension, the Second Circuit, albeit tacitly, must now admit they both detest the Second Amendment, and they are contemptuous of Bruen.Both the Government and the Second Circuit are behind the eight-ball.The U.S. Supreme Court knows there is no logical and legal reason to allow the enforcement of an unconstitutional gun law. And the High Court is nudging the Government to admit that fact.The Government need not respond to Justice Sotomayor’s unusual directive, as it is a “request” not an order. But, obviously, Justice Sotomayor has encouraged the Government to respond, as failure to respond serves as a silent affirmation of the unconstitutionality of the CCIA.We consider in our next article the options open to the Government and the ramifications of their action, or non-action, in our next article. The New York Government’s response—if there is one—must be filed by Tuesday, January 3, 2023.___________________________________

THE NEW YORK STATE GOVERNMENT MUST EXPLAIN ITSELF TO THE U.S. SUPREME COURT: THE FATE OF MILLIONS OF NEW YORK GUN OWNERS HANGS IN THE BALANCE AND THE CLOCK IS TICKING

SUBPART TWO

{INTRODUCTORY QUOTE}“It is the greatest absurdity to suppose it in the power of one, or of any number of men, at the entering into society to renounce their essential natural rights.”“A general dissolution of principles and manners will more surely overthrow liberties of America than the whole force of the common enemy. While the people are virtuous, they cannot be subdued; but when once they lose virtue then will be ready to surrender their liberties to first external or internal invader.”~ Two Quotes from  Samuel Adams, American Statesman, and Founding FatherThe Plaintiff holders of New York handgun carry licenses requested clarification of the Second Circuit’s terse, vacuous, perfunctory order that overturned the U.S. District Court’s granting of their Preliminary Injunction, staying enforcement of the Government’s Concealed Carry License Improvement Act (CCIA).Concerned with an unsatisfactory order lacking any decipherable explanation for its decision staying the Preliminary Injunction, allowing enforcement of Hochul’s amendments to New York’s Gun Law during the pendency of Antonyuk vs. Nigrelli, the Plaintiffs brought their grievance to the U.S. Supreme Court.The High Court accepted the Plaintiffs’ Application for Relief. The Government has precious little time to offer a response, although it need not do so. The Second Circuit has provided the New York Government until 4.00 PM, Tuesday, January 3, 2023, to issue its response if it wishes to do so.The procedural tool the Plaintiffs used to secure U.S. Supreme Court intervention here is called the “All Writs Act,” codified in 28 USCS § 1291. And the application of it is often a tortuous mess. As one legal writer said of the “All Writs Act,”“The prevailing doctrinal landscape is principally a product of two mid-twentieth-century judicial innovations: (1) the collateral order doctrine, which expands the meaning of the term ‘final decision’ for purposes of 28 U.S.C. § 1291; and (2) appellate mandamus, which allows the federal courts of appeals to review interlocutory orders by issuing writs of mandamus under the All Writs Act, The current system has been subject to much criticism: ‘hopelessly complicated,’  ‘legal gymnastics,’ ‘dazzling in its complexity,’ ‘unconscionable intricacy’ with ‘overlapping exceptions, each less lucid than the next,’ ‘an unacceptable morass,’ ‘dizzying,’ ‘tortured,’ ‘a jurisprudence of unbelievable impenetrability,’ ‘helter-skelter,’ ‘a crazy quilt, ‘a near-chaotic state of affairs,’ a ‘Serbonian Bog,’ and ‘sorely in need of limiting principles.’ In the face of such criticism, the prevailing doctrine on appellate jurisdiction has proven to be surprisingly immune from reform.” “Reinventing Appellate Jurisdiction,” 48 B.C. L. Rev. 1237, November 2007, by Adam N. Steinman, Professor of Law, University of Cincinnati, College of Law, J.D. Yale Law School.” The stakes are high. You can bet that Justice Sotomayor’s Order placed a damper on New York Governor Kathy Hochul’s New Year’s Eve and New Year’s Day Holiday festivities. And Hochul’s Attorney General, Letitia James, and her staff of lawyers could not have been any happier.Although the Government need not respond to Justice Sotomayor’s directive as it is only a “request” for a response, not an “order,” it is still a cause for alarm. And the Government would be wise to respond to it as the New York Handgun license scheme licensing in place for well over one hundred years is on the line.Whether the Government responds or not, various scenarios play out. John Crump has pointed to a couple of possible scenarios. See, once again, his article in Ammoland Shooting Sports News. We expand on those, and we start with these three observations:First, the U.S. District Court for the Northern District of New York realized the CCIA was not only blatantly unconstitutional but, as it is the Government’s response to the NYSRPA vs. Bruen, the CCIA operates as a blatant slap in the face to the High Court.Second, Hochul and the Democrat Party-controlled Legislature in Albany basically told the U.S. Supreme Court to go to Hell. And while the District Court had no intention of playing that game any longer, kowtowing to the New York Government, the Second Circuit did so, lifting the PI Stay, but with an inadequate explanation.Third, The persistent problem for both the New York Government and the Second Circuit, is that the District Court’s findings were not wrong, which is why the District Court granted the PI. That fact also explains why the Second Circuit issued a perfunctory order, not dealing directly with the District Court’s findings.  resulted in the Plaintiffs’ appeal of an interlocutory order directly to the U.S. Supreme Court. The Second Circuit could not justify rationally how the District Court’s application of the “Four-Factor” test was erroneous, but it didn’t want to rule against the Government. So it issued a lame order.The Government and the Second Circuit might have expected the Plaintiffs would appeal the adverse action of the Second Circuit to the U.S. Supreme Court, but it probably felt the High Court would not accept the Plaintiffs’ application, inferring that use of the All Writs Act is a wild stab at getting the U.S. Supreme Court to accept a jurisdictional basis that doesn’t apply here.Perhaps that is why the Government and the Second Circuit felt smug, believing, erroneously, that the High Court would not grant the All Writs Act, compelling the New York Government to make its case for staying the PI. But the U.S. Supreme Court didn’t rule on the application of the All Writs Act. It did an end run around it, simply “requesting,”—inviting, but not demanding—the New York Government to respond to the Plaintiffs’ Application for Relief from the Second Circuit’s stay of the Preliminary Injunction. That the High Court has at least invited the Government to respond is bad enough for the Government.What will Hochul’s Government do?The Government need not do anything. The High Court isn’t demanding a response from the Government. It only “requests” a response.Suppose the Government refrains from responding to Justice Sotomayor’s “request,” and takes its chances, relying on the decision of the Second Circuit that reversed the District Court, allowing enforcement of the CCIA during pendency —essentially doubling down on the Second Circuit’s weak determination.This would not bode well for the Government. The High Court could have remained aloof. It could have rebuffed the Plaintiffs’ application for relief from the Second Circuit’s Order. In that event, the Court High Court would have denied the Application outright. The CCIA would remain in force, and the PI stayed during the pendency. But the High Court didn’t do this.In requesting a response from the Government, the High Court had, in a non-positive way, manifested an interest in the Plaintiffs’ arguments, suggesting that the Plaintiffs’ arguments, supporting its Application for relief from the Second Circuit’s decision staying the PI, have merit.But then, why didn’t the High Court formally take the case up and issue an interlocutory order reversing the Second Circuit’s decision, affirming the District’s decision, and granting the PI? In that event, enforcement of the CCIA would be stayed, pending resolution of the merits, after which the losing party, having in hand a final order, could appeal a final decision to the U.S. Supreme Court for a full hearing of the Antonyuk vs. Nigrelli case, on the merits.The Government is nonetheless tactically compelled to respond. It must take the High Court’s “request” as a demand for a response, and for good reason.For, if the Government fails to respond, the High Court will likely reverse the Second Circuit’s decision. The Government is just asking for trouble by cavalierly failing to respond to the “request.” The Government may from years of experience, expect that the Second Circuit will kowtow to it, rubber-stamping the most outrageous Government actions. But, it is another thing again to expect the U.S. Supreme Court to do so, even if Justice Sotomayor is a diehard liberal-wing Justice, who abhors the Second Amendment no less than the New York State Government. Justice Sotomayor is not about to take an action inconsistent with a U.S. Supreme Court ruling, even if she, along with a few other Justices, tends to be sympathetic to the Government's position on the Second Amendment. Thus, the Parties will be placed in the same position they were in before the Second Circuit’s action. Thus, the Second Circuit will be compelled to review the merits of the PI with enforcement of the CCIA stayed during the pendency of a decision on the merits of the case. This is why the New York Government must respond and will respond to Justice Sotomayor's “request.”  It must respond or incur the wrath of the U.S. Supreme Court. But, given the short time available to it, now imminent as this article goes to publication, the Government will probably simply reiterate the points made in its original response to the District Court’s decision, granting the PI, staying enforcement of the Government’s CCIA. What happens then?Justice Sotomayor won’t act on her own. Likely, she can’t act on her own. The entire Court must resolve the matter.And, utilizing New York’s own “Four-Factor” standard, devised by the New York Federal Courts to ascertain if a PI should be granted or not, the High Court will determine whether to lift the stay or retain the stay on enforcement of the CCIA during the pendency of a final decision on the PI. In either event, the case will be returned to the Second Circuit for ultimate resolution.If the Second Circuit finds for the Plaintiffs, which is doubtful, given the Court’s animosity toward the Second Amendment as illustrated in its decision on the District Court’s granting of the Preliminary Injunction, the Second Circuit will deny the preliminary injunction, and rule the CCIA constitutional. With the denial of a preliminary injunction, the decision will have the effect of a final judgment on the merits. The Second Circuit will have determined that the CCIA is constitutional. The Plaintiffs will return to the U.S. Supreme Court, requesting a formal review of the case on the merits.And the U.S. Supreme Court will take the case up. There is no doubt about that. Since the case directly affects its earlier decision in NYSRPA vs. Bruen, the Court will determine whether the CCIA complies with the High Court’s Bruen rulings or doesn’t. Unless the composition of the High Court changes, the Court will find the CCIA unconstitutional in full or in part. Likely the result will bode ill for the Government. The entire concealed handgun carry license scheme will now be on the line. And the decision will result in severely weakening if not upending the entire New York handgun licensing scheme.This places the Hochul Government in a worse position than it was when the Bruen rulings came down on June 23, 2022. She should not have toyed with the High Court, pretending to comply with the Court’s Bruen rulings, all the while constricting the exercise of the right to armed self-defense ever tighter.The Second Circuit would know this from the get-go. Rightfully fearing reversal of an appeal if it denies the preliminary injunction, effectively finding the CCIA Constitutional, the Second Circuit may throw in the towel. In that event, the Court will grant the Preliminary Injunction, finding it meets the New York “Four-Factor” standard, and thence convert it into a Permanent Injunction. That means the CCIA will remain unenforceable forever. Thus, even if the Constitutionality of it isn’t decided, the net effect is to reduce its impact to nullity.What happens then? The Government can appeal an adverse decision to the High Court. It won’t do that. For if it did so, the High Court will take the appeal up and affirm the decision of the Second Circuit.The High Court may even go one step further, holding the CCIA unconstitutional. Conceivably the High Court could go two steps further, finding the entire New York concealed handgun carry licensing structure unconstitutional. Looking at the Government’s attitude toward the Court, as exemplified by its actions, the Court could take the Hochul Government to task. That is possible.Therefore, if the Second Circuit finds for the Plaintiffs, issuing a Permanent Injunction against enforcement of the CCIA, the Hochul Government won’t dare appeal a decision. That would result be disastrous not only for New York, but for many other jurisdictions around the Country, including New Jersey, Illinois, California, Oregon, and Washington State, among others.The best that Hochul can hope for, and the Biden Administration, too, is that, in the next two years, they have an opportunity to get seat another Anti-Bill of Rights person on the High Court. Don’t be surprised to see Biden nominating his Attorney General, Merrick Garland to a seat. Democrats have waited a long time, and they have never forgiven Trump, nor McConnell for denying Garland a Confirmation Hearing which would have seen him on the Court anyway. If that had occurred, Bruen would never have been decided favorably. More likely, the High Court likely would never have reviewed the Bruen case. And Heller and McDonald would be in jeopardy of being overturned. And with the loss of Heller and McDonald, the Country would be that much closer to seeing the end of days for a free Constitutional Republic and a sovereign American citizenry.Can Hochul do anything else, politically, since she is foreclosed from doing anything more juridically? She can rant and rave in the Press, and she can take her complaint to the Grand Harlequin in Chief, Biden. But what the Hell can Biden do for her? Not a damn thing unless his Administration is prepared to declare martial law, arguing the U.S. Supreme Court is now defunct. This happens in Banana Republics. It doesn’t happen in honest-to-God Constitutional Republics. This would lead to armed conflict. The Administrative State, although powerful, isn’t omnipotent even if it thinks it is and even if many Americans think so, too.For, here, in our Country, unlike in the EU, in the Commonwealth Nations, or in CCP China, Americans are well-armed, tens of millions, and Americans have substantial ammunition to prevent a Neoliberal Globalist/Neo-Marxist Counterrevolution from prevailing. That fact isn’t to be taken lightly by this Nation's rogue Federal Government and by rogue State Governments like that of New York. And Americans would have a good case, morally, historically, and legally, for taking up arms against those forces intent on entertaining a Neoliberal Globalist/Neo-Marxist  Counterrevolution.A declaration of martial law where no legitimate reason exists for invoking it manifestly demonstrates tyranny of Government.The Biden Administration would be openly admitting this through its actions: Tyranny of Government in the form of an illegal oligarchic conspiratorial takeover of the Government against the American people.Recall that Justin Trudeau declared martial law in Canada, for a short time. Canada has nothing remotely that can honestly be considered a true Bill of Rights, and even that jackass was forced to back down, given a backlash in the Canadian Parliament.So where is Antonyuk vs. Nigrelli headed?The High Court will issue its order, and it will shoot down the Second Circuit. That is our prediction. It means the CCIA will remain unenforceable during the pendency of the Plaintiffs’ lawsuit, and the PI will remain effective. And neither the Second Circuit nor Hochul can do a damn thing about it except beat their chest, screech, and wail to the winds.But, even if the High Court affirms the decision of the Second Circuit or, through its inaction, remains silent on the Second Circuit’s decision, allowing the decision to stand, the Hochul Government is, ultimately, in a quagmire it cannot extricate itself from.If the Second Circuit finds against the Plaintiffs on the merits, the Plaintiffs will appeal an adverse decision to the High Court. And the Court will take up the case. There is no question about that. And, the CCIA will be struck down, as it is untenable. It contradicts the plain meaning of the Second Amendment and the Bruen rulings. And once the CCIA is struck down, that will severely damage the entire handgun licensing structure of New York, as the illegality of the entire structure, and the illegal machinations of the Government that created it will be crystal clear.And, if the Second Circuit finds for the Plaintiffs and issues a permanent injunction against the Government on enforcement of the CCIA, that will effectively strike the death knell for the CCIA, setting the stage for the eventual dismantling of the entire handgun licensing structure as it was untenable, legally, historically, and morally, at its inception, as the Sullivan Act, 112 years ago.The Government can appeal from a Second Circuit Court ruling against it, but it won’t do that. It has nothing to gain, and it has everything to lose were it to do so. For, the last thing New York needs is a fourth seminal Second Amendment case that not only effectively destroys the entire handgun licensing structure of the State but will effectively be disastrous for all other jurisdictions that have draconian “may issue” concealed handgun carry license laws in place.Either way, we see the Plaintiffs in a good position here to secure and strengthen the natural law right codified in the Second Amendment even if that isn’t immediately evident.The Neoliberal Globalists and Neo-Marxists both here and abroad will thrash about in impotent rage as the Republic may yet survive. The question is: Will the Biden Administration dare impose martial law on the Country?For all the myriad ways that the Biden Administration has deliberately weakened this Country, the Government would be out of its mind to attempt confiscation of arms and ammunition on a wide scale, claiming that national security concerns demand that stringent measures be taken against these gun-toting “MAGA” Americans. Spouting harangues against guns and tens of millions of Americans who cherish their natural law right to keep and bear arms is one thing. Demanding Americans to forsake their firearms is something else again.____________________________________Copyright © 2023 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

THE LIBERAL WING OF THE U.S. SUPREME COURT OPERATES MORE AS AN ADVOCATE FOR GOVERNMENT POWER THAN AS A PROTECTOR OF THE U.S. CONSTITUTION

On January 7, 2022, the U.S. Supreme Court heard argument in the case Biden vs. Missouri. The formal issue before the High Court in that case as set forth on SCOTUSblog was “whether the Supreme Court should issue a stay of the injunction issued by the United States District Court for the Eastern District of Missouri blocking a federal rule that requires all health care workers at facilities that participate in Medicare and Medicaid programs to be fully vaccinated against COVID-19 unless they are eligible for a medical or religious exemption.”Missouri and other States filed a direct challenge to the autocratic Harris-Biden Administration’s demand that all Health care workers—22 million as of April 5, 2021, whose medical facilities participate in Government funded Medicare and Medicaid programs, according to the Government census report—accede to Government demands that health care workers obtain COVID-19 vaccinations.The States contested this broad Government mandate against liberty and the rule of law. Missouri, in its Brief, stated at the outset, that the “Secretary of Health and Human Services’ sweeping and unprecedented vaccine mandate for healthcare workers threatens to create a crisis in healthcare facilities in rural America. The mandate would force millions of workers to choose between losing their jobs or complying with an unlawful federal mandate. But for the district court’s preliminary injunction, last year’s healthcare heroes would have become this year’s unemployed.” The Government for its part, argued that its mandate is a response to “an unprecedented pandemic that has killed 800,000 Americans.”The Government retorted that “the Secretary of Health and Human Services exercised his express statutory authority to protect the health and safety of Medicare and Medicaid patients by requiring healthcare facilities that choose to participate in those programs to ensure that their staff are vaccinated (subject to medical and religious exemptions).”Does the Government have this broad legal authority? Is the exercise of that authority consistent with the Constitution, or is it a direct infringement of it? Is the Administration truly concerned about the health of Americans or is it using the Pandemic merely as a convenient pretext to take control of the States and the people?The unstated but underlying issue, in this case, is whether the Harris-Biden Administration is engaging in an unprecedented power grab to exert control over the States and the American people.One expects this from an autocratic Government and an autocratic Congress, controlled by the Pelosi and Schumer stooges.That leaves the American people with one Branch of Government to place constraints on unlawful moves of Congress and the Executive Branch. And that Third Branch of Government is the U.S. Supreme Court.Unfortunately, the High Court consists of a few people, who don’t seem to concern themselves with defending the Nation and its people from the throes of autocracy and, hence, tyranny. One such person is Associate Justice Sonia Sotomayor. For whatever reason, Justice Sotomayor asserted—didn’t ask the attorneys for the Government or for the State of Missouri—during oral argument, that 100,000 children have been hospitalized and are on ventilators.As reported in the National Review, Sotomayor claimed that“‘We have hospitals that are almost at full capacity with people severely ill on ventilators. We have over 100,000 children, which we’ve never had before, in serious condition, and many on ventilators.’” This was a grossly inflated figure. In the same article, the National Review pointed out that,“The current number of confirmed pediatric hospitalizations with Covid in the U.S. is 3,342, according to data from the Department of Health and Human Services released on Friday. The average number of children admitted to the hospital per day with Covid was 776 as of Tuesday, according to the Centers for Disease Control and Prevention.”Why did Justice Sotomayor make such a spurious claim during oral argument? She must have known that a straightforward declarative assertion could be and would be fact-checked as, in fact, it was. The legacy Press itself jumped on this falsehood. Fox News points out that even the Washington Post said the claim deserved “four Pinocchios” for the “absurdly high” figure.We suspect that Justice Sotomayor knew that her remark was unsupported, and that she was not acting as a neutral Justice, attempting to elicit comment from the Advocate for the Government and the advocate for Missouri, but was herself operating as an Advocate for the Government.This behavior on the part of a U.S. Supreme Court Justice is not only shameful, it is dangerous to the well-being of the Republic and the Constitution. A decision in this case will be forthcoming, but there are other High Court decisions expected  in the weeks and months ahead.Any decision of the High Court involving an interpretation of the U.S. Constitution has major repercussions for the Nation. No decision is more important to the well-being of the Republic than those involving the Bill of Rights.A decision in the Bruen case is expected in early Summer if not sooner. The Bruen case is the most important case on the Second Amendment since the Heller case of 2008 and the McDonald case of 2010. Given the nature of the issue before the Court, constricted and restricted as the Roberts’ Court made it, the Bruen case is unlikely to have an impact beyond the jurisdiction of New York. Nonetheless, the American people can expect that Justices Breyer, Kagan, and Sotomayor will take the opportunity to draft opinions that hearken back to the Stevens and Breyer dissenting opinions in Heller, in a shameless attempt not only to denigrate Bruen, but to weaken Heller.Likely the outcome of Bruen will be supportive of the Second Amendment, but it won’t be as far-reaching as it could have been in support of the Second Amendment—as far-reaching as the issue in Petitioner’s Brief sought: whether the right of the people to keep and bear arms extends beyond the domain of one’s home.The three Liberal-wing Justices will likely reassert their false argument that the right codified in the Second Amendment is always subject to Government restraint and constraint and that, notwithstanding Heller and McDonald, the Government has the lawful authority to place stringent checks on the exercise of the right as it sees fit. For Justices like Sonia Sotomayor and others, the American citizen’s ownership, possession, and utilization of the right codified in the Second Amendment is more akin to a glorified “privilege,” than a fundamental, immutable, unalienable right._____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.  

LEAHY DEFIES GRASSELY BY HOLDING JUDICIARY COMMITTEE HEARING ON OBAMA’S THIRD U.S. SUPREME COURT NOMINEE: MERRICK GARLAND

"And it proves, in the last place, that liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments." Alexander Hamilton, Federalist No. 78, 1788"If it be asked, What is the most sacred duty and the greatest source of our security in a Republic? The answer would be, An inviolable respect for the Constitution and Laws — the first growing out of the last.... A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government." Alexander Hamilton, Essay in the American Daily Advertiser, Aug 28, 1794

ANTI-SECOND AMENDMENT SENATE DEMOCRATS ON JUDICIARY COMMITTEE STRUGGLE TO CAPTURE A FIFTH SEAT, LIBERAL-WING MAJORITY ON THE U.S. SUPREME COURT, TO RIP APART THE SECOND AMENDMENT OF THE BILL OF RIGHTS

On Wednesday, May 18, 2016, Senator Patrick Leahy, Democrat-Vermont, Ranking member of the Senate Committee on the Judiciary, held an open hearing on Merrick Garland’s nomination. This hearing is the one Leahy had alluded to last month.No, this wasn’t a confirmation hearing on Obama’s third appointment to the U.S. Supreme Court. Senator Charles Grassley, Republican-Iowa and Chairman of the Committee, didn’t preside over the hearing; nor did he appear. No other Republican member appeared. No member of the Committee, Republican or Democrat, should have appeared because Senator Grassley didn’t sanction a hearing on Garland—any hearing. Yet, the Ranking Member of the Committee, Patrick Leahy, held a hearing anyway. He held the hearing in defiance to the will of the Chairman of the Committee. He held the hearing in defiance to the will of the Senate Majority Leader, Mitch McConnell, Republican-Kentucky.Senator Leahy admitted: “I can’t convene a confirmation hearing,” adding, “We’re in the minority.” The “minority” Leahy refers to include: Senators Feinstein, Schumer, Blumenthal, Whitehouse, Franken, Klobuchar, Durbin, and Coons. They all pressed for Garland’s nomination.Why did Senator Leahy hold a hearing against Senator Grassley’s wishes? What did Leahy and other Judiciary Committee members and members of the Democratic Party hope to carry out?Senator Leahy and other Democratic Party members of the Committee on the Judiciary held a hearing not simply to air personal grievances. They did so to push a personal agenda—one inconsistent with the Second Amendment to the U.S. Constitution. Senator Leahy and the Democratic Party Senators virulently oppose “the right of the people to keep and bear arms.” Understand, the Senate Committee on the Judiciary doesn’t merely consider U.S. Supreme Court nominations, Appellate Court nominations and District Court nominations. The Senate Committee on the Judiciary has other important roles. “The Judiciary Committee plays an important role in the consideration of nominations and pending legislation.” Senate Democrats on the Judiciary Committee draft legislation to obstruct “the right of the people to keep and bear arms.” They draft legislation to defeat the Second Amendment under the pretext of serving the citizenry. They hoodwink the public. The goals they aim toward do not serve Americans’ sacred rights and liberties. They watch Americans’ behaviors, habits, and actions to control and constrain Americans. They treat Americans like wayward children. These Legislators are deceitful. They lure us in with pious words. They are America’s betrayers.So, who appeared at Leahy’s unsanctioned, May 23, 2016 “open hearing?” Those whom you would expect: Feinstein, Schumer, Blumenthal, Whitehouse, Franken, Klobuchar, Durbin, and Coons appeared. They all support and press for Garland’s confirmation; and they all oppose “the right of the people to keep and bear arms.”

THE POSITIONS OF DEMOCRATIC PARTY MEMBERS OF THE SENATE JUDICIARY COMMITTEE ON THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS IS CLEAR, CATEGORICAL AND CERTAIN. THEY DARE TO SPEAK FOR ALL AMERICANS, PROCLAIMING:  AMERICANS DO NOT NEED AND OUGHT NOT HAVE FIREARMS.

Leahy’s position on the Second Amendment is no secret. For years Leahy pushed Obama’s antigun agenda. The New York Times reported on Leahy’s strategy in 2013. It said, “The view of Mr. Leahy, a Democrat . . . is crucial because the work of his Judiciary Committee will be central to advancing any new gun legislation.” The Committee “will hold hearings on potential gun legislation this month [January] proceed[ing] with Mr. Obama’s request to push legislation that includes a renewal of an assault weapons ban, a limit on magazine size and universal background checks.”Sheldon Whitehouse also signals hostility toward the Second Amendment. During Judge Sotomayor’s confirmation hearing, Senator Tom Coburn, Republican-Oklahoma tried to get her to issue an opinion on whether gun owners have a fundamental right to bear arms.” She wouldn’t make a pronouncement.” Sheldon Whitehouse came to her defense. He said, “he was worried that the judge had been pushed too far, perhaps, in a lobbying way, to expound on an issue that is probably going to come before the Supreme Court. He suggested that a message was being sent that nominees need to signal how they will rule on gun-rights cases. He called it almost unseemly to seek commitments on future cases.”As you might expect, U.S. Supreme Court confirmation hearings are a charade. Leahy isn’t kidding anyone. If Garland received a confirmation hearing, he would say nothing to reveal his antipathy toward the Second Amendment. We know U.S. Supreme Court candidates hide their personal jurisprudential and philosophical predilections during confirmation hearings, as coached, to avoid offending anyone, thereby strengthening their chance at confirmation. Justice Sotomayor hid her antipathy toward the Second Amendment at her confirmation hearing. Judge Garland would do so at his confirmation hearing, were one scheduled. Senator Grassley isn’t planning one. For, if a confirmation hearing were in the offing, Senators Whitehouse, Leahy, Feinstein, Schumer and others would come to his aid, lest he reveal his aversion toward the Second Amendment. Senator Grassley certainly knows this.Thus, Senator Leahy’s intimation that confirmation hearings are effective at eliciting truth is dubious and disingenuous. At the May 23, 2016 hearing, Leahy asserted, “what bothers me is because he [Garland] does not have a hearing and they’re not allowing him to have a hearing, his record is being smeared by outside groups, some of these Pacs, and others. Senate Republicans are denying a distinguished public hearing and a fair opportunity.” "No," Senator Leahy. Judge Garland's record as revealed in our letter to you isn't a smear. It's the plain, unadulterated truth--truth the American public would not learn at a public hearing. That's why Garland won't receive a confirmation hearing; and that's why Garland shouldn't receive one. No person deserves a seat on the high Court who does not respect, in fact, revere our Bill of Rights--all Ten Amendments. Obama and the Senate Judiciary Committee Democrats’ Trifecta bet is: Sotomayor, Kagan, and Garland. Obama is two for three. He aims for all three. For these three the Second Amendment is an anathema. Obama knows this. Otherwise, he wouldn’t have considered them. He wouldn’t have considered them if they were merely neutral on the Second Amendment, much less a proponent of the Second Amendment. Obama wants fanatics on the U.S. Supreme Court. He wants individuals on the U.S. Supreme Court who share his hostility toward the continued existence of our Nation's Second Amendment. Ranking member Senator Leahy and his fellow Democrats on the Judiciary Committee also want fanatics on the U.S. Supreme Court. These cohorts of Senator Leahy willingly support and do their part to promote Obama's antigun agenda.If Garland secures a seat on the high Court, the liberal-wing gains a fifth vote. The liberal-wing then has its majority. The liberal-wing of the U.S. Supreme Court strenuously opposes the fundamental right codified in the Second Amendment.Let’s consider Senator Dianne Feinstein’s position on the Second Amendment. Does the American public truly harbor any doubt? Feinstein’s resentment toward the Second Amendment is well-known, her remarks against gun ownership, legion. She took personally the failure of her bill to ban over two thousand types of firearms but continued undeterred. Charles Schumer also attacks the Second Amendment with passion. In 1994, then “Representative” Schumer, with the late Senator Howard Metzenbaum, Democrat-Ohio,  “introduced a ‘kitchen-sink’ bill that covered everything from licensing to lists of weapons to be prohibited. It proved politically ahead of its time.” Richard Blumenthal uses sporadic shooting sprees to couch attacks on the Second Amendment. He said, “he hoped that the latest [2014 Santa Barbara] shooting would ‘provide an impetus to bring back measures that would keep guns out of the hands of dangerous people who are severely troubled or deranged, like this young man was.’” Blumenthal’s remark may sound sensible. But, the remark carries dangerous implications. Millions of American’s would lose their Second Amendment rights. Even if Legislators carefully tailored a law, can Americans trust the federal government to interpret the law narrowly? Not likely! Consider, too, the difficulties in defining English words. How do we define the word, ‘severely,’ as a modifier for the word, ‘troubled’? How do we define the word, ‘deranged?’ Medical doctors don’t use these words. They are not medical terms of art. Lawyers don’t use these words either. They aren’t legal terms of art. They are rhetorical words. They merely suggest but point to nothing.Before we exclude a group of Americans from exercising their Second Amendment rights, give the matter thought. Millions of law-abiding Americans may lose their Second Amendment right “to keep and bear arms” simply because their doctors prescribe an antidepressant for them.What can we glean from Al Franken’s record on the Second Amendment? Franken is cagey, but his contempt for the Second Amendment is obvious. Sure, he sounds like a supporter of the Second Amendment. He says, “Minnesota has a long tradition of gun ownership, and I support Minnesotans’ right to own a gun for collection, protection, and sport. I also believe that the Second Amendment protects that right against both the federal government and the states. But the right to own a firearm is not one to be taken lightly. I believe Minnesota has struck the proper balance, for example, by requiring background checks and live firearms training for carry permits.” Let’s parse one phrase in that passage.We ask, “what does Al Franken mean here by ‘proper balance’ as applied to law-abiding Minnesota residents?" What does Al Franken mean by 'proper balance' as applied to all law-abiding Americans? Franken means strict gun control Consider: Al Franken “voted YES on banning high-capacity magazines of over 10 bullets.” In 2008 Franken said he supports a federal ‘assault weapons’ ban but then oddly claims he supports the Second Amendment. The claim means nothing. It’s a trick. Antigun zealots employ it, continuously, to keep proponents of the Second Amendment at bay, guessing. But Americans recognize the ploy. Antigun zealots won’t rest until the Second Amendment ceases to exist. Franken reiterates antigun sentiment through rehearsed talking points, lacking substance.Senator Klobuchar sponsored an antigun bill, heralded by Michael Bloomberg’s antigun group, “Everytown for Gun Safety.” Klobuchar suggests she, too, supports the Second Amendment. But, she doesn’t. She asserts, “I would do nothing to hurt hunting”  but she also says she voted for bans on “assault weapons” and on “high-capacity magazines”—those magazines holding over ten rounds.Senators Klobuchar and Franken don’t understand their actions belie their words.Senator Richard Durbin fiercely attacks the Second Amendment. His distaste for the Second Amendment is as virulent and venomous as Feinstein’s.To his shame Senator Durbin defends U.N. efforts to repeal our Country’s unique and sacred Second Amendment. He voted, “no,” on “Amendment SA 2774 to H.R. 2764, the Department of State’s International Aid bill: To prohibit the use of funds by international organizations, agencies, and entities (including the United Nations) that require the registration of, or taxes guns owned by citizens of the United States.” Previously cited. Senator Vitter, Republican-Louisiana, pointed out, that SA 2774 “is about an effort in the United Nations to bring gun control to various countries through that international organization. Unfortunately, that has been an ongoing effort which poses a real threat, back to 1995. In 2001, the UN General Assembly adopted a program of action designed to infringe on second amendment rights. The Vitter amendment simply says we are not going to support any international organization that requires a registration of US citizens' guns or taxes US citizens’ guns.” Previously cited. Plainly, the UN’s bold attack on America’s Bill of Rights doesn’t offend Senator Durbin. He supports UN efforts to undermine our Bill of Rights.Last, let’s not forget, Senator, Chris Coons position on the Second Amendment. Coons urges President Obama to use executive action to undermine the Second Amendment. Imagine, Coons would sacrifice the Second Amendment and Congressional Article 1, Section 1 Legislative authority to the U.S. President simply to continue a partisan antigun agenda.

A PANEL OF GARLAND SUPPORTERS GATHERED TO BUTTRESS ANTIGUN JUDGE MERRICK GARLAND’S NOMINATION

Ranking Senate Judiciary Committee Member Leahy and fellow Senate Democrats on the Committee contacted associates of Judge Merrick Garland. The panel comprised a former jurist, a law professor, an appellate law attorney and former judge, and a former U.S. Attorney.Each spouted the usual praises: “wonderful judge,” “eminently qualified,” “wonderful human being” “engaged and committed parent,” “sharp, analytical mind,” and so on. Fine traits, yes wanted of all who aspire to sit on the high Court. We have heard them before; we hear them now, constantly. But Judge Garland’s finer qualities aren’t in dispute. His judicial record is.The hour-long hearing comprised a multitude of flowery pronouncements, empty oratory, and, from the Senate Democrats, spiteful insults, criticisms, and whispers.Senator Feinstein piously declared a concern over a Supreme Court constrained, “for a substantial period of time” by a “tie,” “a four to four position.” Senator Leahy says the failure of the high Court to act on cases—given the present 4 to 4 tie—places the Federal Appellate Courts “in limbo.” But Leahy’s statement isn’t true. Feinstein’s remarks and Leahy’s lay bare an agenda, underscored by their assertions. They seek a five to four liberal-wing majority on the high Court. They say consistency among the Circuit Courts is necessary, but is it?Do we want consistency if U.S. Supreme Court rulings weaken Americans’ rights and liberties throughout the Country? Do we Americans want consistency among the Several States if U.S. Supreme Court rulings reflect foreign law antithetical to our traditions and values, and inconsistent with our Bill of Rights? Wouldn’t Americans find judicial rulings peppered and laced with alien jurisprudence and philosophy singularly bizarre? Wouldn’t Americans detest U.S. Supreme Court opinion that undermine their rights? Is not the late Justice Antonin Scalia’s philosophy and jurisprudential approach to U.S. Supreme Court decision-making worth preserving? If so, Senator Leahy’s remark we need a “fully functioning [nine Justice] Supreme Court”—with a five-to-four liberal wing majority—is to wrongheaded.Tie votes are not necessarily a bad thing. If a tie vote occurs, the decisions of the Appellate Courts remain valid. Yes, conflicts in the Circuits exist absent a U.S. Supreme Court decision. But conflicts always exist. The high Court hears only a handful of cases. A liberal wing majority would decide cases contrary to the well-being of the Bill of Rights. A liberal wing majority would also canvass cases to hear—cases involving matters best left to the States under the Tenth Amendment. Consider the remarks of Justin Driver, Professor of law at the University of Chicago. He clerked under Judge Garland from 2005 to 2006. Driver said, “The [U.S. Supreme] Court views itself as articulating general applicable principles, not merely resolving a dispute between a few parties.” How do we square that remark with Professor Driver’s other assertions? Professor Driver asserts, Judge Garland “avoids grand sweeping pronouncements, and keeps the opinions narrow,” that Judge Garland “is measured in his approach to the law,” and that “he honors existing precedent”?How might Judge Garland’s jurisprudence as a Judge on the U.S. Court of Appeals for the District of Columbia Circuit translate to the U.S. Supreme Court on Second Amendment issues? A fifth liberal-wing vote would weaken or overturn, outright, the Heller and McDonald case holdings?

A QUESTION ABOUT IDEOLOGY ON THE SUPREME COURT

Senator Leahy and his fellow Democrats on the Judiciary Committee self-righteously assert a hostility toward ideology. They proclaim the U.S. Supreme Court must remain pure, empty of “politics.” Yet, the U.S. Supreme Court, as the third Branch of Government, is, a political institution. Politics exists in the third Branch no less so than in the other two. Ideology, too, exists. Ideology is not necessarily a bad thing. Ideology defines every person. Each jurist espouses an ideology, and that ideology suffuses each jurist’s decisions. Judge Merrick Garland expressed his ideology toward the Second Amendment in the Parker and Reno cases.

JUDGE MERRICK GARLAND MUST NOT SECURE A SEAT ON THE U.S. SUPREME COURT

We know Judge Garland’s position on Second Amendment issues. We looked at his record. With Obama’s nomination of Merrick Garland to the high Court—a jurist who espouses a philosophy hostile to the Second Amendment—the assault on the Second Amendment continues. The Arbalest Quarrel amply shows Garland’s hostility to the Second Amendment in multiple articles.The conclusion is plain. If Judge Merrick Garland secures a seat on the high Court, we know he would undermine the Second Amendment. The high Court’s liberal wing would have a majority and would undo Justice Scalia’s legacy.If Judge Garland sits on the high Court as Justice Garland, the right of the people to keep and bear arms, as a sacred individual right, will come under renewed assault. Protection of our sacred rights and liberties ought to take precedence over presumed Senate protocol. Senator Leahy doesn’t think so, despite his remarks. He insists a confirmation hearing for Garland is proper. Perhaps for him, not for us. Leahy doesn’t speak for most Americans; neither does Hillary Clinton.In a May 24, 2016 editorial, the Wall Street Journal editorial staff said, “Mrs. Clinton did criticize the Supreme Court [in Heller] for being ‘wrong on the Second Amendment.’” The editorial staff also said, “Mrs. Clinton knows that four liberal Justices dissented from Heller. . . . Justice Ruth Bader Ginsburg, one of the dissenters, told a luncheon of the Harvard Club in 2009 that their dissent was crafted with an eye to helping a ‘future, wiser court’ overturn Heller.” Previously cited. The editorial staff added, poignantly, “If Mrs. Clinton selects Antonin Scalia’s replacement, she knows the Court’s liberals with get their opportunity to overturn Heller. The Second Amendment really is on the ballot this November.” Previously cited.Senator Leahy and other Senate Democrats on the Judiciary Committee want a jurist on the high Court who represent their ideology—one antithetical to the Second Amendment. Hillary Clinton won’t disappoint them if elected U.S. President. Judge Garland is their man. He isn’t ours.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2016 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

SENATOR KIRK CAN’T WHITEWASH MERRICK GARLAND; THE RECORD SPEAKS FOR ITSELF

Editor's note: this is a revision of an earlier version of this article. The revision includes new material.Senator Mark Steven Kirk, Illinois Republican, urges Republican colleagues to “man-up” and just cast a vote on Obama’s nominee for the U.S. Supreme Court, Judge Merrick Garland, whose views on America’s Constitution, according to Senator Kirk, are “a lot like Justice Scalia.” Really? But that's what he said as noted, with approval on the liberal web blog, "Think Progress," in a March 18, 2016 article titled, "Republican Senator says Colleagues Should 'Man Up' And Vote On Merrick."Yet, not even Obama has the audacity to suggest that Judge Garland’s ideology and jurisprudence are even remotely like that of Justice Scalia; and Senator Kirk's attempt to shame the United States Senate Committee on the Judiciary through Kirk's use of the term, 'man-up,' is nothing more than a child's dare or is otherwise incoherent. Indeed, the mainstream New York Times admits that, ideologically, Judge Garland is well to the left of Justice Anthony M. Kennedy.” See, the NY Times article published, March 17, 2016, titled, “Where Merrick Garland Stands: A Close Look at His Judicial Record.” And, we know that Justice Kennedy, the “swing-vote,” stands ideologically well to the left of Justice Scalia. So, who is Senator Kirk kidding? Indeed, how is it that a United States Senator, a Republican at that, would support Obama’s call for Senate action on Obama’s nominee for the U.S. Supreme Court in the first place? Might there be something about Senator Kirk that doesn’t quite ring true?We were curious about Senator Kirk’s own position on the Second Amendment. So, we checked. What we have found is disconcerting to say the least but does much to explain Senator Kirk’s support of Obama’s nominee for U.S. Supreme Court Justice.It turns out that NRA gives Senator Kirk, the Republican, a rating of “D.” See, "Mark Kirk on Gun Control." Senator Kirk does beat Senator Bernie Sanders. Sanders candidly, exuberantly remarks that NRA currently rates him, “F.” But, a “D” rating by NRA, no less than an "F" rating, is hardly cause for celebration. Such a dismal rating by NRA is definitely not something a Republican U.S. Senator to be proud of. Senator Kirk does, understandably, prefer to keep that fact quiet -- spoken in whispers, if at all. In fact, in 2010, NRA rated Kirk “F,” according to the weblog, "sunlightfoundation." Not surprisingly, Senator Kirk supports the Brady Bill, and was, apparently, the only Republican who voted for the 2013 ban on rifles that are considered "assault weapons” by antigun groups. Perhaps, Senator Kirk ought, himself, to “man-up,” and admit to the American public he is a hypocrite who is deliberately leading both the American public and Congress astray by urging his Republican colleagues to cast a vote on Obama’s nominee for the U.S. Supreme Court.The Christian Monitor, in a 2013 article, titled, "Obama's quiet ally: Who's behind gun control bill no one is talking about," is on point in calling  Senator Kirk, Obama’s “quiet ally.”  But, even The Christian Monitor could not have envisioned, at that time how portentous its 2013 'quiet ally' reference to Senator Kirk would be. For, three years later Senator Kirk is now, in fact, lending his support to Obama’s nominee, Judge Merrick Garland; and, in so doing, actively defying Republican Senators Mitch McConnell and Chuck Grassley, and, in fact, going to war against the Republican Party, by operating in the background as Obama’s “quiet ally.”Senator Kirk’s assertion that Judge Garland is of the same ideological bent as the late Justice Scalia is an abominable lie. Senator Kirk certainly knows the assertion to be untrue and he is unashamedly fomenting an outrageous lie. Apparently, it is okay, though, to assert a bald-faced lie to the American people to accomplish a desired goal.Republicans like Senator Kirk, who infect the Republican party with schemes poisonous to the well-being of the Republic and destructive to our sacred Bill of Rights, give cover to Obama, who can then plausibly and piously argue: see, even Republicans understand I intend to safeguard Americans’ Bill of Rights, and that I will, especially, safeguard and defend Americans’ Second Amendment right through commonsense actions and commonsense nominations and appointments to the federal courts. One thing is clear: if Judge Garland secures a seat on the U.S. Supreme Court, the tenuous balance that existed for some time between the Court’s right-wing Justices and the Court’s left-wing Justices will be lost. The Court will swing violently to the left and that will be reflected in the Court’s decisions.Consider what one reviewer in a recent NY Times article, published March 18, 2016, -- titled, “What Do You  Need to Be a Justice?” – had to say. Ian Millhiser, senior fellow at the Center for American Progress, and the author of the article, said, in his NY Times Op-Ed, “Some of the court’s worst decisions were the product of rigid ideology. But many are rooted in the fact that the justices in the majority lacked what President Obama said he was looking for in a nominee: ‘an understanding of the way the world really works.’”An “understanding of the way the world really works?” Millhiser took that quote from the SCOTUSblog, which posted certain remarks of Obama, supporting his nomination of Judge Merrick Garland to the U.S. Supreme Court. Explicating one of three points he was looking for in his nominee, Obama said: “. . . a keen understanding that justice is not about abstract legal theory, nor some footnote in a dusty casebook. It’s the kind of life experience earned outside the classroom and the courtroom; experience that suggests he or she views the law not only as an intellectual exercise, but also grasps the way it affects the daily reality of people’s lives in a big, complicated democracy, and in rapidly changing times. That, I believe, is an essential element for arriving at just decisions and fair outcomes.” Obama also says that anyone he nominates to the U.S. Supreme Court "will have an independent mind, rigorous intellect impeccable credentials, and a record of excellence and integrity," and that the person he appoints will be someone who "recognizes the limits of the judiciary's role." On a cursory inspection this may all sound reasonable and noble. But how much of it rings true? And, further, is there anything in Obama's remarks that, on deep reflection, do not suggest something ominous. Let’s analyze and extrapolate what Obama is really saying here.A perusal of Obama's remarks illustrates an inconsistency. He plainly states, in his remarks, that he wants a person who "recognizes the limits of the judiciary's role, someone who will not legislate from the Bench. But, that singularly critical and, in fact, correct point, is at odds with the third point he makes, although obliquely, namely that he seeks a person who holds a certain philosophy, akin to Obama's own, suggestive of utilitarian ethical concerns which, then, if acted upon  may very well amount to adjudicating a case on the basis of social theory irrespective of legal constraints. So, Obama is saying that U.S. Supreme Court decisions should not be decided merely through an application of America’s own case law; its own history; its own case law precedent. Rather, those who sit on the high Court should decide a case in terms of how a decision impacts the lives of people who reside in this Country, whether they are here legally or not. By extension, he is asserting that U.S. Supreme Court decisions should also take into account how a decision impacts people globally. He is saying that the U.S. Supreme Court should take into account the manner in which  U.S. Supreme Court decisions reflect multicultural values. This last point entails a consideration of and belief in utilitarian ethical systems along with notions of moral relativity.So, Obama is asserting and maintaining that a U.S. Supreme Court decision should encompass a worldwide perspective, and not simply one that reflects our Nation's values, manifested in our unique Bill of Rights, our unique history, our own culture, our own legal precedent. Obama is arguing for a cosmopolitan approach to U.S. Supreme Court decision-making. Obama is, then, definitely, espousing enacting law -- legislating law -- from the Bench, not merely interpreting law -- the latter of which is the high Court's principal duty and responsibility.The Judicial authority of the U.S. Supreme Court does not encompass the Legislative Authority of Congress as set forth with particularity in Article I of the U.S. Constitution; and, neither the Legislative authority of Congress nor the Judicial Authority of the U.S. Supreme Court encompasses the Executive authority of the President of the United States as set forth with particularity in Article II of the U.S. Constitution. The demarcation of duties and responsibilities of each Branch of the Federal Government is established by and codified in the Constitution, and the duties and responsibilities of one is never to cross over into the domain of the other. But, Obama has deliberately and unconscionably argued for expanding the legislative functions of Congress into the domain of the Executive Branch and now suggests that the Judicial Branch of Government ought to do the same. In fact, Obama has himself used the power of the Executive Branch to unlawfully encroach into the Legislative arena, either by failing to execute the laws of Congress -- which we see in his adamant refusal to enforce existing immigration laws and which we see through his unlawful use of executive directives to curtail the free exercise of the right to keep and bear arms under the Second Amendment, and which we see in both his callous indifference to a citizen's right to be free from unreasonable searches and seizures and in the expansion of police and intelligence activities into areas that clearly transgress Congressional enactments.Obama has, apparently, no reservation about using the Office of the Chief Executive to make law, thereby transcending Constitutional authority to faithfully execute the laws, whenever he feels compelled by his personal morality and multicultural propensities and political philosophy to override the Separation of Powers Doctrine. And, he demonstrates the same contempt for the Separation of Powers Doctrine when he pompously suggests the U.S. Supreme Court should inject utilitarian ethics and multiculturalism into its decision-making, thereby uprooting 200+ years of carefully developed and cautiously applied American jurisprudence.What Obama is looking for in a U.S. Supreme Court Justice and what he sees in Judge Merrick Garland is someone who shares his personal Weltanshauung -- his personal world view: someone who is prepared to, and who would, upend our entire legal philosophical system by  secreting moral relativity and geopolitical considerations and trans-national, multinational goals and objectives into U.S. Supreme Court decision-making. Obama’s ideal candidate for the U.S. Supreme Court manifests a view for deciding cases also held by the left-wing U.S. Supreme Court Justice, Stephen Breyer, as laid out methodically and comprehensively in his book, “The Court and the World: American Law and the New Global Realities.” Justice Breyer’s jurisprudence is a mélange of laws, values, social mores, and ethical systems that extend well beyond a consideration of our own Constitution, our own laws, our own precedent. Justice Breyer’s  jurisprudence – one reflected in the liberal wing of the U.S. Supreme Court – is an anathema. It undermines our Constitution, our laws. It undercuts the very sovereignty of our Nation and the sanctity of our Bill of Rights.What is noticeably lacking in Obama’s praises of Judge Garland Merrick and in Obama’s recitation of the factors he deems important in an individual who sits on the high Court is any mention of the need to consider how the core of our rights and liberties, codified in the Bill of Rights of the U.S. Constitution, is to be protected – indeed, that the core of our fundamental rights and liberties ought be protected at all. Apparently, Obama doesn’t consider our Bill of Rights, around which American U.S. Supreme Court jurisprudence is built, to be particularly important in this new age, in this new world, that Obama envisions, in which the very concept of the ‘Nation State’ is perceived as a relic, eventually to be discarded in favor of a neo-corporate, financial world union.By the way, in the event anyone believes that Obama does not consider, would not consider, or has not considered the role a Judge's personal philosophy plays in Obama's consideration of a nomination of a person to the high Court, think again. In a February 16, 2016 article, titled, "Obama Filibustered Justice Alito, Voted Against Roberts," appearing in the conservative weblog, "front page mag," the author, Daniel Greenfield demonstrates Obama's clear attention to a Judge's philosophical bent. No one can reasonably attack the ability, intellect, credentials, and integrity of Chief Justice John Roberts and Associate Justice Samuel Alito; yet, President Obama, as U.S. Senator Barack Obama, has voiced serious reservations for these nominations of President George W. Bush to serve on the high Court, and chose not to support the nomination of either one of them. So, when Obama asserts that, what he is looking for in a person who serves as a U.S Supreme Court Justice is a person whose analysis of cases will, when the need arises, "be shaped by his or her own perspective ethics, and judgment," he is being duplicitous. For, he will not consider a person, as a nominee, whose perspective, ethics, and judgment do not coincide with his own. Otherwise, he would have voted for and supported Chief Justice Robert's nomination and Associate Justice Alito's nomination to the high Court. We know, of course, that the values expressed in America’s Bill of Rights are not universally emulated by many Western Countries. In particular it is abundantly clear that America’s Second Amendment, far from being praised by other Countries, especially those comprising the EU, is often disparaged. But, it is disparaged in part, no doubt, because in no other Country in the World does a nation’s government accept and respect the idea that a nation’s government exists only by grace of the people, of the nation’s citizenry.America’s Second Amendment, however, makes absolutely clear that the federal Government exists only by the grace of the American people. The federal Government does not “own” the American people. We are free citizens in a free Republic, not enslaved subjects residing in an autocratic realm. The federal Government cannot dispense with our Bill of Rights; nor is it permitted to erode the fabric of our Nation’s sovereignty through international treaties and conventions that the American people are little if ever adequately aware of, nor their representatives in Congress ever completely privy to.America’s Bill of Rights – certainly the Second Amendment – is perceived by the left-wing of the U.S. Supreme Court as representing ideas and values no longer reflective of the modern age. But, the founders of our Republic were no fools. They knew that the rights and liberties set down in stone in the Bill of Rights were “constants” that never change, never become obsolete, and must never change or be perceived as obsolete if our Republic is to continue to exist in the form envisioned by our founders. Justice Scalia knew this, respected this, and his decisions reflected that principle – a principle omnipresent in his decisions.Justice Scalia believed that U.S. law must dictate and inform all U.S. Supreme Court decisions and that the Bill of Rights – all ten of them – must never be compromised or be considered relevant only to a bygone era. The left-wing of the high Court does not agree with this. They hold to the idea that Americans’ rights and liberties only have meaning relative to a particular era – that Americans’ rights and liberties are not “constants” applicable to all eras. That idea percolates through their legal opinions, and is often reflected in their own ad hoc and peculiar jurisprudence.The notion that our Bill of Rights transcends all time is considered an aberration and antithetical to the reasoning of the left-wing of the high Court because that notion is not compatible with “the way the world really works” today, as Obama says. All the more reason, then, for the U.S. Supreme Court to hold fast to the principle that Americans’ rights and liberties are “constants,” never-changing absolutes, as our founders perceived them and meant for them to be as applied to the continued existence of our Nation State as a Sovereign Nation State and as a free Republic – never subordinated to another nation or subsumed into a larger political or economic union, like the EU.Americans’ sacred rights and liberties are never to be seen as outmoded. They are never to be cast aside when deemed, by some on the high Court, to be incompatible with the “way the world really works” – with global realities, according to Justice Stephen Breyer, as laid out in his book, and as echoed by President Obama in his praises of Judge Merrick Garland.Judge Garland is certainly not cut from the same cloth as Justice Scalia. If Judge Garland does acquire a seat on the high Court as an Associate Justice, he would definitely fit in with such fellow travelers as Justices Breyer, Ginsberg, Kagan, and Sotomayor. Certainly, that is what President Obama, and, apparently, one “Republican” Senator, Mark Steven Kirk, would like very much to see.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2015 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.