Victory Likely in SCOTUS's
Landmark Gun-Rights Case

Image: iStock-697763612

By Lee Williams. Nov 5, 2021

In his appearance before the United States Supreme Court Wednesday, attorney Paul Clement argued that New York made it all but impossible for ordinary law-abiding citizens to exercise their Second Amendment rights: specifically, their right to carry firearms outside of their home for the purpose of self-defense.

Clement, who served as solicitor general under President George W. Bush and represents the petitioners in New York State Rifle & Pistol Association v. Bruen, told the justices that carrying a concealed firearm outside the home is constitutionally protected activity, for which citizens should not be required to prove need or show cause.

The Second Amendment Foundation filed an amicus brief in this case joined by a dozen state firearms associations. Alan M. Gottlieb, SAF founder and executive vice president, believes Clement made his case. Gottlieb predicts a victory will be forthcoming.

"The oral arguments went very well for the gun-rights movement. I think the questions from the justices were telling. It appears from the questions that we may not get any of the Democrat-appointed justices to fully recognize the Second Amendment." Gottlieb said. "However, the remaining justices tipped their hands. I predict at least a 5-4 or possibly a 6-3 victory, but the Chief Justice didn't tip his hand too much during questioning."

Gottlieb noted that the two attorneys representing the respondents – New York Solicitor General Barbara D. Underwood and Brian H. Fletcher, the U.S. Justice Department's Principal Deputy Solicitor General – repeatedly suggested that if the justices did not support New York's law, they should remand the case back to the lower court for a fact-finding trial.

"That is telling to me," Gottlieb said. "I think at that point the anti-gun rights justices, as well as the attorneys for New York, recognized they are not going to win." .....


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