Monday, July 23, 2018

Trump Judges Make Moves to Rescue Second Amendment in Appeals Court

President Trump’s impact on the federal courts was on display Friday when the Fifth Circuit appeals court fell shy of rehearing a case to strike down a federal gun control law, with a unanimous bloc of Trump judges calling the Second Amendment a “fundamental civil right” and suggesting that supporters of this gun-control law were plagued by “hoplophobia” – the medical term for the irrational fear of guns. The president is on the verge of making America’s first pro-MAGA court – but only if he fills its final open seat with another reliable conservative.

Federal law found at 18 U.S.C. § 922(a)(3) makes it illegal to buy handguns across state lines. Several plaintiffs sued, arguing that this restriction violates the Second Amendment right to keep and bear arms.

The challengers drew one of the most conservative federal trial judges in America, Judge Reed O’Connor of the Northern District of Texas, who ruled in their favor. But they then lost before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit. That panel included both Republican- and Democrat-appointed judges, a reminder that if supporters want to see this president’s agenda sustained in court, the solution is originalist judges, not Republican judges.

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