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A recent video from Mark Smith at The Four Boxes Diner on YouTube sheds a lot of light on a recent filing with the Supreme Court. While it’s not very likely that the Supreme Court will go for it, I’ll argue that it should, because it would put an end to increasing lawlessness in the lower courts.

But first, let’s take a look at the video so you can see what the overall situation is:

In short, the Fourth Circuit is playing games. When they realized that a smaller panel was going to produce a pro-gun outcome, the court unilaterally went for an en banc review that would put more anti-gun justices on the case. So, in other words, the court stacked itself for political purposes. In response to this, the plaintiffs (a group of gun rights organizations) decided to ask the Supreme Court to go ahead and have a look at the case early.

As you might expect, the Supremes don’t really like getting involved that early in the process. They’d rather give the lower courts a chance to review the case and get it right, and then only step in if they got something really wrong or if there’s a “circuit split” where lower courts rule differently from each other and make for a big inconsistency.

But, this case is pretty different. Not only has the Fourth Circuit played a stupid game that may merit early Supreme Court review, but many other lower courts have been playing other stupid games after the NYSRPA v Bruen case. Rather than respect the 2022 ruling that put gun rights back on even footing with other rights, like those listed in the First Amendment, lower courts dominated by anti-gun judges have been playing every game they can to produce bad rulings, delay decisions, and otherwise engage in lawfare.

Probably the most egregious example was a recent ruling out of Hawaii’s state supreme court, which took the insane position that the “Aloha Spirit” and Pre-U.S. Kingdom of Hawaii law trumps U.S. Supreme Court decisions, which they claim were decided wrong. Basically, Hawaii’s top state court flew the top U.S. court the bird.

So, the plaintiffs in this most recent case are pushing the Supreme Court to act and start telling the lower courts that they’d better get back to enforcing the rule of law and not playing legal games to achieve unlawful outcomes.

Why The Supreme Court Really Should Take This

As Mark Smith points out, these sorts of pre-decision filings are not typically taken. But, this is a very unusual situation, where there’s widespread lawlessness in the lower courts that has become increasingly blatant.

By signaling to lower courts that the Supreme Court is willing to review cases early and force lower courts to do the right thing, the situation can be resolved, and fast. This would likely put an end to the judicial coup that’s going on, but if it doesn’t, the Supreme Court can keep taking cases and issuing quick decisions until they knock it off, straighten up, and fly right.

 

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40 COMMENTS

    • SCOTUS needs to enforce the rulings! Marshall’s,guy’s with gats,fines you name it! Slap the 🤢 out of dims🙄

    • Nothing new: President Andrew Jackson reportedly said of the Supreme Court, “John Marshall has made his decision; now let him enforce it.”

    • Nor do they honor and abide by the Constitution, law or their oaths to uphold same. I wish people understood — Outside Independence Hall when the Constitutional Convention of 1787 ended, Mrs. Powel of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” With no hesitation whatsoever, Franklin responded, “A republic, if you can keep it.” We have come to that point in time, given the direction the “Democrat Party” is taking the country, where the Republic is in greater danger than it has been at any other point in our history. The New Democrats are not the Democrats of old. They are the Progressives spoken of by the likes Lenin, not Marx, who put power of the government and dictatorship above all other things, including the citizens of these United States. Marx was a Progressive who favored the people; Lenin was a tyrant who favored violence and dictatorship, the people being expendable tools of revolution. The New Democrats favor one party rule and dictatorship and deplore the Constitution and the restraints it puts on them. To them the Constitution is useful only as a tool when they call it forth as justification for their own misdeeds, lies and to fog the minds of the People. The memes “a threat to democracy” and “to save democracy” and “put ya’ll back in chains” and all the blather about “…women’s rights…” are lies, but imply the Constitution is being breached by the “opposition,” the Patriots who defend the Republic, when in fact, it is the New Democrats who are the greatest threat to the Republic, traitors who would truly put the Patriots in chains. As Jefferson put it, “in questions of power then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the constitution.” Friedrich Engels said this of power, and tell me if it doesn’t sound like the New Democrats and the Biden Administration — “the concept of the “power” which is called the state, a power which arose from society but places itself above it and alienates itself more and more from it. What does this power mainly consist of? It consists of special bodies of armed men having prisons, etc., at their command.” Well, I have babbled on too long so I will retire with a couple of notable quotes from Ben Franklin that seem germane to our time.

      “Those who beat their swords into plowshares usually end up plowing for those who kept their swords.”

      “Make yourself sheep and the wolves will eat you.” ~ Benjamin Franklin

      “He who would trade liberty for some temporary security, deserves neither liberty nor security.” ~ Benjamin Franklin

  2. The pre US Kingdom of Hawaii actually had a tradition of armed, Polynesian warriors. They were far from peaceful. It was the Christian missionaries who attempted to pacify the natives by restricting their access to weapons. Disarming native Hawaiians had the primary purpose of enabling the missionaries to do well by themselves while allegedly doing good. This is why the current Polynesian minority is exiled to areas such as the West shore of Oahu where they live in poverty so that the Anglos and Asians can make enormous profits.

  3. If and when the Supreme Court ever does it’s job and puts the lower courts in there place, it will stop wasting millions of taxpayer dollars and get the job done.
    But I have my doubts, as it seems they are taking the direction of selling the citizens out and wasting more time.
    And if they do take the job seriously and make a decision, will it be the right one, or will it divide this once great country even more.

    • It sounds to me like these people are just like the jews. Both of whom have learned nothing from a genocide. They are both against individual firearms ownership.

      I know the @theists like to beat up on christian missionaries. But it’s the @theists who are in the leadership to make sure that natives, blacks, and everyone else are disarmed.

  5. The SCOTUS is doing injustice to the American People allowing the lower courts to Manipulate the system. They Should put out a command ordering these courts to straighten up and start following the letter. it’s unfair to delay, unrule and manipulate for their own political purpose. It takes DECADES for a gun ruling. but mere weeks to overturn a abortion law.

  8. “Probably the most egregious example was a recent ruling out of Hawaii’s state supreme court, which took the insane position that the “Aloha Spirit” and Pre-U.S. Kingdom of Hawaii law trumps U.S. Supreme Court decisions, which they claim were decided wrong.”

    I would just *love* to see Thomas take a big ‘ole swing at that decision, I really hope it gets dropped into the SCotUS’s in-basket, and they say *yes*… 😉

    • It is not going to happen because, despite the apparent gauntlet thrown, fundamentally it was a decision under the Hawaii Constitution and Hawaii statutory law requiring the possession of a permit before carrying a firearm off one’s property, which are not issues decided under Federal law. Further, Bruen implicitly approves a permit system for carry permits, and Hawaii, after Bruen and Yung v. Hawaii, is shall issue. Without a federal question, the Court will likely take a pass.

      • Except when a State enters The Union of States, it agrees that the US Constitution is Supreme Law.

        In short, that should mean that because 2A is part of the US Constitution, a State cannot override it (as was decided in cases such as McDonald, that the 14th Amendment meant that the BOR applied to states and localities) via the 10th Amendment. Thus, the Hawaii State Constitution can state that their people do not have the right to bear arms, BUT until and unless Hawaii separates from the Union of States, that portion of their constitution is overridden by the US Constitution, and thus, null and void.

  9. Only if the Bruen majority agree to hold their ground.

    Chief Justice Roberts long ago sold his integrity to purchase what he sees as the “institution of the court.” Let’s hope he sees this defiance of Bruen for exactly what it is, an open attack on the “authority of the court,” and takes steps to preserve that as well.

  11. Hey, everybody –

    Another place is now accepting reader comments… 🙂

  12. The SCOTUS is almost always a PART OF THE PROBLEM. On rare instances they get it right. Those are the exceptions. The Heller and Bruen decisions are part of those rare instances.
    And the left utterly HATES those rulings…and intend to ignore them. The Supreme Court typically drags it’s feet on addressing ANYTHING. Regarding the Heller and Bruen decisions the foot dragging is deliberate by most of the justices because they are hoping someone like Thomas will step down/die/ be murdered and then replaced with another liberal commie so they can utterly destroy the Second Amendment. They WILL reverse both Heller and Bruen once they have the necessary 5 votes. COUNT ON IT. And picking Federal/Supreme Court judges is one of the MAJOR reasons the left stole the election in 2020 and will again this year. Because they simply MUST gain and keep control of the courts. And they will do literally ANYTHING to achieve that. Including murder.

  13. Ha ha ha…clean house…What a joke. When up against a political party, ideology and the tyranny propagated by that party. Politicians that ignore rulings made by the Supreme Court. Virginia State Senate passes 3 controversial gun bills, including ban on ‘assault’ weapons. On Wednesday, in a 21-19 vote, lawmakers passed Senate Bill 2, which would create a Class 1 misdemeanor — which could land a violator in jail for up to 12 months and or face a $2,500 fine — for anyone who imports, sells, manufactures, purchases, possesses, transports, or transfers an assault firearm. Then add in Hawaii, California, Washington, Oregon, Illinois among others. The duty of cleaning house falls to ‘We the People’. Period. Remember the 77. Who chose to clean house, over comfortable subjugation. Which will you choose? Because… Even if you choose not to decide…You still have made a choice.

  14. the irony of the recent Hawaiian Supreme Court ruling is completely lost on them. by citing the Aloha spirit which is supposedly some sort of loving warmth and friendliness they inadvertently admit that it does not exist. if the Aloha Spirits actually did exist it wouldn’t matter if somebody is carrying for a gun because they would choose a path of nonviolence if it was a choice. as a kid my first encounter with the Aloha spirit was in Junior High having a much larger local Hawaiian kid break my nose because I was white. a few years later while driving and stopping to get fuel several local boys decided that I didn’t belong so they grabbed me by my throat to the window of my car and broke my nose again. I read all the bullshit research and studies done by the Hawaii state government as well as some stuff at the federal level but I can tell you for a fact that in 8th grade on the last day of school there were groups of Hawaiian kids roaming the hallways beating up the white kids celebrating kill haole day.

    I really do hope the Supreme Court takes us up and cleans house this willful misreading of Supreme Court law and citing a cultural norm that only exists in a tiny percentage of a population and a legal system that no longer exists is willful disregard of the law and those justices should be removed from office permanently.

    • Oahu, 1959-1970. Radford H.S. Class of ’70.
      I forgot about Kill a Haole’ Day. But you are right, and I recall that locals would ‘hijack’ our lunch money by slamming us up against a wall and taking the money. I found later in life that such behavior would qualify as a “Strong Arm Robbery.”

      As I recall, the Hawai’i Constitution contains RTKBA language MATCHING that of the US Constitutions 2nd Amendment. So, Aloha or No Aloha spirit, the Hawai’i courts are wrong and are violating both the Federal and their own State Constitution.

      Mahalo Nui Loa, Bruddah.

    • Sure seems/sound satanic! Rule of “Equal Justice Under Law” or anarchy. Send federal marshals to Hawaii to enforce the laws!
      Oh, and DEATH TO ALL RACIST BULLIES! Regardless of race.

  17. It is high time that we show these State Legislatures that flaunt the Bruen Decision that it can be costly to them as individuals. It is time to sue each of these members of a State Legislature which votes to by pass Bruen with a law suit for Contempt of the Supreme Court and have them fined and/or incarcerated. A million dollar fine for each would send a hell of a message.

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