Let's be honest here. A good portion of the left's meltdown over the Supreme Court's Second Amendment ruling yesterday is over the fact that Justice Clarence Thomas wrote it. The left hates this black man because he doesn't kowtow to liberal narratives. Thomas, however, doesn't care that he has haters. He knows that. His friend, the late Antonin Scalia, also knew that. They don't have time to busy themselves with online trolls. They have work to do.
Thomas finally was able to hand down an opinion that finally settled the last remaining question about gun rights. Do we have the right to carry a firearm outside the home in public? Believe it or not, that question remained unanswered for nearly a decade. The Court didn't want to hear it. It shows that this is a long process. When the Supreme Court makes the right call, the journey to that end can be long. It's the same way when the Court screws up. Plessy vs. Ferguson, which codified separate but equal with regard to racial segregation, was an appalling ruling in 1896. It remained law until Brown v. Board of Education was decided in 1954. That's almost 60 years.
Now, we didn't have to wait that long for New York State Rifle & Pistol Association v. Bruen, but it's hard to be patient when you know you're right. You still need to go through the motions, even when the Court slaps you down, and they did on multiple lawsuits that argued very much what New York gun owners did in their case, namely that justifiable need clauses on concealed carry permit applications were unconstitutional. That provision requires applicants to provide a reason why they need a permit, which usually centers on stalking incidents or death threats. This is done in anti-gun blue states. In pro-civil rights states, the process is dubbed "shall issue." You don't need a reason. If you pass the preliminary courses on safety and a background check, the authorities must give you a permit. Most states are already "shall issue" with their carry laws.
Now comes another long process regarding these blue state governors whining and then being compelled to establish reciprocity agreements with states whose residents were long barred from carrying within their borders.
Let those people cry those liberal tears. Our side, as it's always done, kept up the fight. So, let's take a brief trip down memory road and look at all the lawsuits that were filed in support of our civil rights.
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In 2013, Woollard v. Gallagher tried to argue "Whether state officials violate the Second Amendment by requiring that individuals wishing to exercise their right to carry a handgun for self-defense first prove a 'good and substantial reason' for doing so."
The petition for a hearing was denied on August 12, 2013.
In Drake v. Jerejian, this legal motion targeted the justifiable need clause while also asking whether one has the right to carry a firearm outside the home for self-defense.
The request for a hearing was denied on May 5, 2014.
There were probably other legal motions filed throughout this period across multiple states. It took a total overhaul of the judicial system under Trump to lay the foundation for a successful petition to the Supreme Court, namely getting Justices Kavanaugh, Coney Barrett, and Gorsuch confirmed.
In 2020, Ciolek v. New Jersey also sought to bring the justifiable need clause under legal scrutiny. The request for a hearing was denied on June 15, 2020.
Justice Clarence Thomas has voiced his frustration at the Supreme Court refusing to hear new gun cases in times past. He's right. He finally got his day and provided more clarity on an explicit right within our Constitution. It was well worth the wait.
