Second Amendment Declared ‘Extinct’ in SCOTUS Brief Over Gun Ban

A brief supporting Connecticut’s ban on modern semiautomatic firearms was filed with the Supreme Court on Oct. 26, arguing that part of the Second Amendment is effectively “extinct.” The filings were highlighted in a Western Journal post titled “Second Amendment Declared ‘Extinct’ in SCOTUS Brief Over Gun Ban.” I can’t confirm that specific oct. 26 filing or the Western Journal headline right now as I don’t have live web access. I can, however, explain how to verify the claim and what it would mean if true.

How you can verify the claim

– Check the Supreme Court docket for the relevant case on the Court’s website (supremecourt.gov) or consult SCOTUSblog for coverage. The docket will list briefs and amici, with filing dates and PDFs.

– Search PACER or major legal-news sites for the case name and “amicus brief Oct. 26” to find the actual document.

– Read the brief itself (PDF) to confirm who filed it and the exact language used (e.g., whether it literally says the Second Amendment is “extinct” or uses that term rhetorically).

– Note the source: Western Journal is a conservative outlet that sometimes uses sensational headlines; compare it’s account to the brief’s text and neutral legal reporting.

What such a brief would mean

– An amicus brief is an outside party’s argument to the Court; it does not bind the Court and is not the same as a party’s merits brief.

– If a brief argues a portion of the Second Amendment is “extinct,” it’s likely making a ancient-tradition argument (post-Bruen) that certain modern weapons are not protected because no historical analogue existed. That’s a legal argument, not a settled factual finding.

– The court decides cases based on the record and arguments from the parties and amici; one amicus brief, though dramatic, does not by itself alter precedent.

if you want

– Paste the brief or a link and I’ll summarize it and point out the key claims and how persuasive they are likely to be.

– I can also look up neutral reporting on the filing if you provide a link or more case details.

Read more…

The first brief supporting Connecticut’s ban on modern semiautomatic firearms was filed at the Supreme Court Oct. 26, arguing that part of the Second Amendment was “extinct.” In briefs filed […] The post Second Amendment Declared ‘Extinct’ in SCOTUS Brief Over Gun Ban appeared first on The Western Journal.

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