Quote:
Originally Posted by Aguila Blanca
IMHO, yes.
The Supreme Court is in a delicate balance at the moment. One of the staunch conservative justices, Clarence Thomas, isn't going to live forever. If he dies or retires during a Democratic administration, his replacement will almost certainly be anti-2A, because it's inconceivable that a Democratic President would nominate anyone who isn't vehemently anti-2A. Roberts is either squishy on the 2A, or quietly against it.
That means (again, IMHO) that getting a pro-2A or, at least, 2A-neutral strict constructionist/originalist justice in place now to replace Ginsberg is indeed crucial. If a pro-2A justice is confirmed, we might then see the SCOTUS actually take up a few more 2A cases before Thomas departs the Court. And, since Roberts claims to support stare decisis (which means he doesn't like to upset previous SCOTUS decisions), getting a few more pro-2A decisions on the record could prove to be pivotal for generations to come.
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I wouldn't say Robert's is against it, he was key in the Heller and Macdonald rulings. Squishy... we really don't know. We do know the other eight justices have no idea how he's going to rule on a gun related case, which is why we haven't seen one granted cert (that wasn't later mooted) in a long time.
It was clear that he would have ruled in favor of NY Rifle and Pistol had the city not removed that law in record time once SCOTUS took the case.
With a third Trump nominee tho, SCOTUS would clearly have an overwhelming majority to make extreme pro 2A rulings, whether Roberts is part of the court or not. I say that because for the past 10 years he has been obsessed with his legacy and with five conservatives, three liberals, and himself, the court is appearing to take a hard turn to the right for the next 10+ years.
I get the feeling that Roberts may very well resign in the next few years regardless of who is President in an effort to protect his legacy.
That would be even more likely if Justice Breyer, who at 82 is now the oldest member of the court, were to retire or die. So, the ticking clock applies to more than Thomas and Alito.