Warning or threat? Democrats ignite controversy with Supreme Court brief in gun case
By Robert Barnes August 16 at 7:30 PM
It is rare that an amicus brief filed in a Supreme Court case is characterized as both a brassy reality check and unprecedented political bullying.
But such is the controversy that Sen. Sheldon Whitehouse (D-R.I.) and four other Democratic senators have ignited with a filing that instructs the Supreme Court to either drop a New York gun case it has accepted for the coming term or face a public reckoning.
[New York eased gun restrictions so Supreme Court would drop case. That hasn’t happened]
“The Supreme Court is not well. And the people know it,” writes Whitehouse, who is listed as the attorney of record on the friend-of-the-court brief. “Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’ ” The phrase is from a poll question with which a majority of Americans agreed.
Democratic Sens. Mazie Hirono (Hawaii), Richard Blumenthal (Conn.) Richard J. Durbin (Ill.) and Kirsten Gillibrand (N.Y.) joined the incendiary brief, which questions whether the court’s conservative majority — nominated by three Republican presidents — is motivated by partisan intent and is in the pocket of the National Rifle Association and the Federalist Society, a conservative legal group.
“Out in the real world, Americans are murdered each day with firearms in classrooms or movie theaters or churches or city streets, and a generation of preschoolers is being trained in active-shooter survival drills,” Whitehouse writes. “In the cloistered confines of this Court, and notwithstanding the public imperatives of these massacres, the NRA and its allies brashly presume, in word and deed, that they have a friendly audience for their ‘project.’ ”
The brief has lit up the right. Senate Judiciary Committee Chairman Lindsey O. Graham (R-S.C.) called it an extraordinary threat from one branch of government to another and tweeted: “Packing the Supreme Court . . . Bad idea. Liberal dream. Trump’s 3rd term is looking better and better.”
more:
http://www.washingtonpost.com/politics/courts_law/warning-or-threat-democrats-ignite-controversy-with-supreme-court-brief-in-gun-case/2019/08/16/2ec96ef0-c039-11e9-9b73-fd3c65ef8f9c_story.html

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