kcbrown
Super Genius
- Jun 16, 2012
- 1,393
You forgot this one:
3. Justice Thomas doesn't seem to have the judicial restraint he should be adhering to as a supreme court justice sitting on the highest court in America.
Ah, but that in itself isn't relevant. Not without a corresponding set of beliefs about what Heller meant.
Now, you might attempt to argue that Thomas "misunderstood" what Peruta was all about and believed it to be a vehicle for securing open carry, but:
- He most certainly knew that Norman was forthcoming.
- There was no challenge to the open carry laws in Peruta, and he most certainly knew that.
Combine those together and it means that if Thomas believed of Heller what your position demands, then he would not have penned a dissent to denial of cert in Peruta. He would not have argued for taking that case at all, precisely because of the above things.
Hence, to argue that Thomas penned that dissent while simultaneously aligning with the interpretation of Heller you put forth is to insist that Thomas is incompetent, which is contradicted by the decisions/dissents/concurrences he has written in the past.
Peruta had two options to challenge California's deprivation of his 2nd Amendment rights. Challenge the protected right of open carry(per Heller) or challenge the unprotected privilege to conceal carry. But, no, Peruta chooses the privilege to conceal carry and sought a license, and was ok with a supposedly fundamental right being licensed...Not sure how anyone could be ok with that, oh wait,...government brainwashing of its sheeple. Anyway, I'm not sure how one seeks the legal remedy to open carry by seeking a license to conceal carry...Makes no sense to me and obviously it didn't to the astute supreme court justices that would not accept certiorari.
Ah, so you believe that Thomas is incompetent! That is a highly laughable notion in the face of what he has written in the past.
October can't come soon enough...Until then my friend, may the winds blow you back on course to the Sea Of Reality.
And you as well, o thou who grasps at straws.
Seriously, though, Norman can't come soon enough. I really do hope they grant cert and decide it the way you believe they will. I'd rather have a solid right to open carry than no right to carry, but it's the latter that is in effect right now.