- Obama takes aim at ‘corporate deserters’
- Dick’s Sporting Goods lays off 478 PGA golf pros
- Senators: Cease-fire must allow Israel to defend against rockets, tunnels
- Sierra Leone doctor fighting Ebola catches disease
- Iraq welcomes Russian fighter jets, helicopter gunships into ISIL fight
- John McCain laments: Obama’s ‘self-pity … is really kind of sad’
- GOP offer to fix VA gives $10 billion in emergency funds
- Paul Ryan offers to repair U.S. economic safety net with a single grant stream
- Kim Jong-un builds bond with Putin: $250M Russia-backed addition to key port opens
- Pope Francis meets Meriam Ibrahim, a Sudanese woman sentenced to death
MILLER: Alan Gura responds to Supreme Court not taking up Woollard gun carry rights case
Question of the Day
Alan Gura is disappointed the Supreme Court said Tuesday that it would not take up a challenge to Maryland’s “may issue” carry laws, but he is determined to get a high court ruling on the right to bear arms.
“This is far from the last chance the Court will have to rule,” the lead attorney in Woollard v. Gallagher told me in an interview Tuesday. “While disappointing, cases continue to develop in lower courts and one may prove to be more attractive to the Supreme Court.”
The Woollard case challenged Maryland law that citizens have to show “good and substantial reason” to get a carry permit. Mr. Gura represents the Second Amendment Foundation in this and the other high-profile cases, including Madigan v. Moore, in which the Seventh Circuit Court overturned the carry ban in Illinois last year.
Alan Gottlieb, the founder of the Second Amendment Foundation said the Woollard news was unwelcome, but not the end of the line. “We have several more legal cases on the right to carry a firearm for self-defense in the pipeline that the high court is aware of,” he told me Tuesday. “Hopefully, they will get to hear one of them in the near future.”
Mr. Gura did not want to speculate on why the high court did not take up Woollard, but offered that perhaps the justices are waiting to see further splits on the carry issue in the lower courts before stepping in to resolve.
The attorney of the firm Gura & Possessky said his next step is to file a petition next month for Drake v. Filko, which challenges New Jersey’s requirement to show “justifiable need” to get a carry permit.
On a larger scale, the the lead attorney in the landmark Heller case in 2008 is deeply concerned about lower courts turning away most gun-control cases by simply deferring to the legislature.
“The Supreme Court needs to rule on the lower courts using rational basis review, which it clearly forbade in Heller” said Mr. Gura. The civil right lawyer is referring to Justice Antonin Scalia’s majority opinion which said that a higher level of scrutiny must be applied when judging restrictions on constitutional rights, especially fundamental ones.
“If the Court doesn’t address the issue, then the Second Amendment is largely a dead letter — it would become mostly unenforceable because there is no such thing as a gun law for which the legislature or police can’t offer a hypothetical justification.”
The high court ought to take up key Second Amendment cases before President Obama has the chance to appoint anti-gun liberals to flip the majority.
Emily Miller is a senior editor of opinion for The Washington Times and author of “Emily Gets Her Gun” (Regnery, 2013).
© Copyright 2014 The Washington Times, LLC. Click here for reprint permission.
About the Author
Emily Miller is senior editor of opinion for The Washington Times. She is the author of “Emily Gets Her Gun … But Obama Wants to Take Yours” (Regnery 2013). Miller won the 2012 Clark Mollenhoff Award for Investigative Reporting from the Institute on Political Journalism.
- MILLER: Mark Witaschek tax investigation follows D.C. conviction for muzzleloader bullet ammunition
- MILLER: Harry Reid's hypocrisy on 'Equal Pay Day': No women on top leadership staff
- MILLER: Maryland bathroom bill for transgenders is part of LGBT lobby for sex-change rights
- MILLER: Mark Witaschek surrenders to D.C. police 'Gun Offenders Registry'
- MILLER: Michelle Obama has media blackout in China while touting freedom of press
Latest Blog Entries
TWT Video Picks
By Michael Widlanski
Leveling the battlefield to aid terrorists enables evil to fight on
Get Breaking Alerts
- 'We're coming for you, Barack Obama': Top U.S. official discloses threat from ISIL terrorists
- Obama orders Pentagon advisers to Ukraine
- NAPOLITANO: What if our democracy is a fraud?
- Hamas rejects Kerry's call for cease-fire; Fears grow others could join fight against Israel
- Norway expects imminent 'concrete threat' from ISIL terrorists 'within days'
- State Department indicates Nouri al-Maliki's days numbered as Iraq prime minister
- Evidence shows Russia firing artillery into Ukraine: Pentagon
- Algerian plane diverted due to storms, second aircraft: 116 missing
- Russia sends Iraq fighter jets, helicopter gunships for ISIL fight after meeting in Moscow
- Tom Petty: 'No one's got Christ more wrong than the Christians'