Biden Administration Asks the U.S. Supreme Court to Judicially Nullify the Right to Bear Arms

On September 21, the Biden Administration filed an amicus brief in the pending U.S. Supreme Court case of New York Rifle & Pistol Association v. Bruen, supporting New York's draconian and unconstitutional restrictions on the right to bear firearms in public for self-defense.

New York's law presumptively denies the right to bear arms for self-defense unless a license applicant can demonstrate a special need for self-protection that distinguishes the person from the general population.

The law effectively nullifies for most New Yorkers what the Supreme Court has already characterized as "The individual right to possess and carry weapons in case of confrontation."

This, of course, is wholly incompatible with the idea of a fundamental right, which exists, as the Supreme Court said in the Second Amendment context, "To take certain policy choices off the table." If the starting point for a carry licensing scheme is presumptive denial, then there is no right at all, only a privilege administered to the favored few.

Now, as AG, Garland is advocating that the U.S. Supreme Court effectively remove the right to "Bear arms" from the U.S. Constitution.

Thus, while his noxious view of the Second Amendment will still be put forth before the court, he at least won't have the opportunity to cast a vote against the right to bear arms himself, as he undoubtedly would have.

While no outcome at the Supreme Court is ever guaranteed, Second Amendment advocates should if anything be in an even stronger position this time around than during the court's prior visitations of the Second Amendment in 2008 and 2010.
 

https://www.nraila.org/articles/20210927/biden-administration-asks-the-us-supreme-court-to-judicially-nullify-the-right-to-bear-arms