(RoyalPatriot.com )- Justices Samuel Alito and Clarence Thomas of the Supreme Court warned that New York’s expansive new gun law raises serious Constitutional concerns despite the court’s decision not to intervene while court challenges are pending.
According to reports, the Supreme Court issued an order permitting New York to continue enforcing the gun ban in sensitive places, such as schools and playgrounds, while a federal appeals court prepares to hear arguments against the law.
Alito and Thomas, two of the most conservative members of the Supreme Court, issued a joint statement with the order stating that the law raises novel and serious issues under both the First and Second Amendments.
Alito and Thomas wrote that applicants should not be deterred by today’s order from seeking relief again if the appeals court does not move swiftly or explain its actions.
According to a report, Thomas authored the June high court decision New York State Rifle & Pistol, Inc. v. Bruen, invalidating a New York law regulating who may carry a concealed firearm in public. The state then revised the statute.
Four Second Amendment challenges to this law are currently pending before federal appeals courts. The 2nd Circuit, which has a 7-6 majority led by Democrats, announced on Friday that it would hear arguments against several New York law provisions on March 20.
The brief, unsigned order issued by the Supreme Court on Wednesday deferred to the 2nd Circuit, which in December lifted a stay on several portions of the law after a federal district court judge struck down the majority of the law’s provisions on November 7.
Professor of law at the South Texas College of Law Josh Blackman told the media that the high court’s decision not to hear the 2nd Circuit’s appeal was unsurprising given that the Bruen precedent is less than six months old.
Blackman told the media that lower federal courts frequently attempt to interpret Second Amendment precedents narrowly, adding that he does not believe lower courts will like Bruen, particularly in New York and New Jersey. If the 2nd Circuit botches Bruen, the Supreme Court may intervene early.
The Constitution can’t exist without the Second Amendment.