Elder Patriot’s Opinion, Speculation and Analysis| High-profile Senate Democrats Sheldon Whitehouse, Richard Blumenthal, Mazie Hirono, Richard Durbin, and Kirsten Gillibrand, arrogantly filed a brief threatening the Supreme Court’s conservative majority warning that the court would face restructuring if they didn’t heel to the minority party’s demands.
At issue is the possibility that the High Court will hear the case of New York State Rifle & Pistol Association, Inc. v. City of New York, which dealt with legal limitations on where gun owners could transport their licensed, locked, and unloaded firearms.
The Democratic senators are urging the court to turn down the case out of fear that the court’s conservative majority will reinforce the Heller decision with a decision that provides even greater Second Amendment protections for gun owners.
The blatant attempt to influence certain judges by legislative Democrats is almost unheard of as far as I know.
We say almost because there was a great deal of speculation and concern that the Supreme Court’s Chief Justice, John Roberts, was intimidated by President Obama into writing law, rather than interpreting the law before him, in order to preserve Obamacare.
From where we sat, it sure appeared that the Constitution’s carefully crafted separation of powers had been trampled by Obama’s Chicago-style application of Saul Alinsky’s Rules for Radicals.
While we cannot know for certain what motivated Roberts thinking, it is undeniable that today’s Democrats appear to me to have embraced the primary authoritarian commandment; By Any Means Necessary.
Amicus Curiae literally means friend of the court. A person with a strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views.
Had Sens. Whitehouse, Blumenthal, Hirono, Durbin, and Gillibrand, restrained themselves to a politically biased legal argument, that would have been fine. They didn’t.
The Sens. actually had the temerity to threaten the court. Remember, these Senators are members of the minority party. American voters have every right to expect the majority to prevail in these instances.
We are, afterall, a representative republic.