The Court-Packing Threat to the Second Amendment


You might think that with the confirmation of two pro-Second Amendment justices under President Donald Trump, that the Second Amendment is reasonably safe. Well, think again. Those who would seek to take our rights away are not going to just give up. In fact, they have a new plan to deal with a pro-Second Amendment majority on the Supreme Court.

Their plans are very simple: To pack the court – adding at least two, if not more, seats to that body. One progressive group is calling for the addition of four seats, given the uncertain health status of Associate Justice Ruth Bader Ginsburg creates a new opening on the high court. Who fills those seats?

You can bet that those openings will be filled by justices who will not only rubber stamp all sorts of anti-Second Amendment laws, but ones who will also overturn rulings that have protected free speech during political campaigns and uphold Andrew Cuomo’s abuses against the NRA. It is also a safe bet that any new justice picked will be relatively young – able to serve for 30 years or more. Three decades of horrible rulings on our right to keep and bear arms. The implications are simply staggering.

The absolute worst case would be to see this packed court overturn the Heller and McDonald decisions. In essence, it would buy the nonsense that the right to keep and bear arms only applies to militias – defined as the National Guard. In Florida, a proposed ballot initiative for the 2020 election could very well be a test case for this sort of claim.

Not only does that initiative encompass a sweeping ban on semi-automatic firearms, it features a ban on any magazine holding more than seven rounds. It also bans “sniper rifles” – a term left very vague but leaving open the possibility of banning a typical bolt-action rifle. There would be a one-year “grace period” to turn them in or become a felon. Furthermore, one can lose their gun rights over two domestic abuse emergency calls. Not convictions, not arrest, merely investigations. It would not matter if you were cleared or if the calls were false alarms.

At first glance, this is the type of thing that would be very likely to be tossed out, with the court citing Heller and McDonald, at least with the current composition of the court. If President Trump replaces Ginsburg with another justice who supports the Second Amendment, it would be a foregone conclusion that we would see this stricken down. But these cases can take time to get to the Supreme Court – years even.

So, what could be today’s Supreme Court with a 5-4 pro-Second Amendment majority could be a Supreme Court with an 8-5 anti-Second Amendment majority if some of these extremists get their way. That changes the entire legal landscape. Think about Kamala Harris, or Elizabeth Warren, or some of the other anti-Second Amendment zealots already running for the Presidency – and who they might select.

What can be done to avoid this? In this, there is good news: The Supreme Court’s composition can only be changed by an act of Congress. That happens either through the House and Senate passing a bill, and the President signing it, or the House and Senate passing the bill over a veto. This means there is time, but also danger. Time is there, since the 2020 Senate map is somewhat favorable to pro-Second Amendment candidates, but if the election goes bad, the danger is that the Senate could fall into anti-Second Amendment hands.

The chance to pack the Supreme Court could lead Charles Schumer to nuke the filibuster completely if he has the majority in the Senate. In short, it would be a drastic shift in the landscape – one from which the Second Amendment would not likely recover from.

The fact is, control of the White House and Senate over the next 12 years could very well decide whether or not the Second Amendment survives. It is best to make sure that they are controlled by pro-Second Amendment officials.

Harold Hu, chison

About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post,, and other national websites.

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  1. I sometimes wonder why I am compelled to subject myself to the torture of tuning into Rush Limbaugh – but, after the SOTU and that blatant ad-libbed betrayal (flip flop on immigration) of the 63 million mostly White voters who put this guy into office, I was curious to see how Limbaugh would try to ‘spin’ it as something other than what it was, a gigantic, treacherous knife in the backs of his most loyal supporters.

    I wasn’t able to tolerate the whole 3 hours, and only listened for about 30 minutes – and during that time, Limbaugh never once mentioned this outrageous flip flop on the #1 signature issue that got Trump elected. Instead, he was gushing forth with some of the most gut wrenching, nauseating, unbelievably sickening praise for Trump.

    I had to turn the radio off before I lost my lunch. Limbaugh has repeatedly declared that the only way Trump could lose his base was for Trump himself to do something that would anger them. Well, flip flopping on his 2016 promises on immigration – and then, boldly and arrogantly doubling down on his flip flop the next day – is an admission that he intends to hand the diabolically evil, out of the closet, totalitarian, Communist Democrats the one party, permanent and peacefully unbreakable dictatorship that the virulently anti-White Cultural Marxist left have been conniving to achieve ever since the passage of the 1965 White Genocide Immigration legislation.

    Immigration – and the diabolically evil, virulently anti-White, Cultural Marxist driven demographic dispossession of the majority White European American population will spell the death of the Second Amendment and also of the First Amendment – and that’s just for starters. A majority third world population ruling over America will put hard core Communists like Ocasio-Cortez into power and they WILL shred the entire Constitution and Bill of Rights.

    And, Rush Limbaugh – who masquerades as some kind of American Patriot – spends his 3 hour radio show, every week, making excuses for whoever sits in the Oval office as long as he has an R next to his name. Trump has revealed himself to be the biggest liar and con-man to ever occupy the White House.

    But, now – after his immigration betrayal flip flop – notice how the RINO media (Rush, etc) are simply ignoring this betrayal and the formerly hostile media are now suddenly less hostile to Trump? They are even claiming that Trump’s poll numbers are rising – and we are to believe this, after he has shoved a dagger in the backs of the 63 million voters who elected him based on his 2016 immigration promises?

    I am officially off the Trump Train.

  2. People are stupid. All power comes from the barrel of a gun. The Constitution is just a piece of paper. It can be ignored and changed and thrown away. The only rule and the only property are those that you are willing to kill for. (Dying for an idea is simple, killing for one is far harder.)
    Unless and until people realise that those in power and those wanting power are willing to do anything including killing you, your family and all your like, you are just sheep.

    “Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.”

    “We are in power. Nobody will deny it. By virtue of that power we shall remain in power…We have no words to waste on you. When you reach out your vaunted strong hands for our palaces and purpled ease, we will show you what strength is. In roar of shell and shrapnel and in whine of machine-guns will our answer be couched. We will grind you revolutionists down under our heel, and we shall walk upon your faces. The world is ours, we are its lords, and ours it shall remain. As for the host of labor, it has been in the dirt since history began, and I read history aright. And in the dirt it shall remain so long as I and mine and those that come after us have the power. There is the word. It is the king of words–Power. Not God, not Mammon, but Power. Pour it over your tongue till it tingles with it. Power.”
    Mr. Wickson, The Iron Heel by Jack London (1908), 

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