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Never let NY Solicitor General Barbara Underwood argue another 2A case in front of SCOTUS again [1]
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Date: 2023-01-12
If you’re going to go down, at least go down swinging.
Background: In November of 2021, New York State Rifle & Pistol Assn. v. Bruen was argued in front of the Supreme Court.
What was this? A couple of New York state gun nuts, sponsored by the NRA, and backed by the cumulative billions in dollars and decades of effort it took to elect GOP senators and presidents who would eventually appoint hack right-wing Supreme Court justices, challenged NY state’s 100+years’-old concealed carry law in front of the Supreme Court. Needless to say, the Court’s so-called “conservatives” ruled in the gun nuts’ favor.
Actually, the right-wing justices not only ruled to rip up NY state’s law, it went above and beyond the gun lobby’s wildest dreams. With Clarence Thomas as point man, and with his staff working closely with the gun lobby, the phony conservatives issued a ruling that promises to render all gun control laws artificially unconstitutional. Whatever relative protection you and your loved ones may ever have had from gun violence will likely no longer exist from this point on. Blue state protection from the gun crime that has been artificially been inflicted onto all the other states? It was nice for the 100 or so years it was there.
Which brings us to Barbara Underwood, NY State Solicitor General. She was the one who argued NY state’s case in front of the Court. When queried by Amy Barrett in this exchange about the outrageous Heller ruling which the late Antonin Scalia (now roasting forever in Hell) engineered for the sake of the gun lobby, Underwood obsequiously replied:
JUSTICE BARRETT: (Yes, I have one.) General Underwood, do you think Heller was rightly decided? MS. UNDERWOOD: I think there is a lo tof support historically and otherwise for it, so I'm -- I'm quite content to treat it (Heller) as rightly decided. I think there was an argument on the other side too, but that's true about many of --maybe most of the difficult questions that comebefore this Court. I have no quarrel with Heller.
No quarrel? Even many libertarian pro-gun law professors admitted that Heller was phony baloney, a bull$hit perversion of historical revision probably never-before seen in any SCOTUS ruling. But Underwood tremulously cowed to Barrett’s question like a lamb. It didn’t matter that Thomas and Alito and all the rest of the right-wing villains already had their minds made up and were just pretending to be objective during the arguments — at least put up a fight!
You can listen to the Bruen oral argument here. Be thankful there was someone willing put up a fight — Brian Fletcher, DOJ Solicitor General arguing in support of NY State. Unlike Underwood, who was chirpily chatting with the Court fascists like she was at a goddamned Tupperware party, at least Fletcher had some urgency in his voice. And there was no kowtowing to the Court on Heller — he didn’t surrender his sense of the truth to the gun lobby-sponsored Court anarchists.
Just once, it would be nice for someone arguing in front of the Court to say to Thomas or Alito: “Your Honor — before you were nominated, what promises did you first have to make to the gun lobby? Also: do you think you would ever have made it this far without making such promises?”
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