Supreme Court Won't Hear Challenge To Calif. Gun Waiting-Period Case

Magazine Raises Idea of Impeaching Thomas

He claims that "the lower courts are resisting this Court's decisions in Heller and McDonald and are failing to protect the Second Amendment to the same extent that they protect other constitutional rights", and that the Supreme Court exacerbated this trend by not hearing a major Second Amendment case in the past eight years.

The rejection adds to a line of Supreme Court setbacks for Second Amendment advocates in recent years.

The rebuff comes than a week after a gunman killed 17 people and wounded a dozen others at a Florida high school.

The 9th Circuit had reasoned the California law prevents gun violence by imposing a cooling off period, and that the waiting period could stop a subsequent gun purchaser who wants to buy a larger capacity weapon that could do more harm when fired into a crowd.

Drawing any sort of equivalency here is hugely infuriating because 1: women should have the right to their own bodies, and 2: in some states, a 10-day waiting period for an abortion may put a woman outside the legal time in which she is allowed to get one.

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Jeff Silvester, a gun owner, and the CalGuns Foundation sued, contending the 10-day wait is too long and unnecessary for gun owners who are purchasing a second weapon. That review was nothing more than a ruling on the basis of that court's "own common sense", he said. Thomas sees the Supreme Court's inaction in this area as treating the second amendment as a "disfavored right", noting, "I suspect that four Members of this Court would vote to review a 10-day waiting period for abortions".

Silvester v. Harris, 843 F. 3d 816, 828 (CA9 2016). "If this case involved one of the Court's more favored rights, I sincerely doubt we would have denied certiorari", Thomas observed. In the Ninth Circuit, it seems, rights that have no basis in the Constitution receive greater protection than the Second Amendment, which is enumerated in the text.

"Because the right to keep and bear arms is enumerated in the Constitution, courts can not subject laws that burden it to mere rational-basis review".

"The right to keep and bear arms is apparently this Court's constitutional orphan", Thomas wrote in a dissent. Not because Thomas talked about watching porn with a female colleague or otherwise behaved crudely in the workplace, but "because of the lies he told, repeatedly and under oath, saying he had never talked to Hill about porn or to other women who worked with him about risque subject matter", writes Abramson.

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