Are All Rights Protected by the Constitution Equal?
Posted by [email protected] on Sep. 18, 2024 / Subscribe 0
It is hard to imagine that any American would argue that any Civil Right enshrined in our Bill of Rights is not equal to all other Rights, but that is exactly what one does when one argues that taking away Gun Rights is somehow different than taking away any other Right.
Stick with me here. There are two cases currently in Federal Court challenging gun and magazine bans in Delaware. The cases are Gray v Attorney General Delaware and Graham v Attorney General Delaware. These two cases were consolidated with a third case in the Court of Appeals. A petition has been filed with the US Supreme Court asking the court to rule whether an infringement of Second Amendment Rights constitutes per se irreparable injury.
The Supreme Court has previously ruled that "the loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury." So, the question is, does the same standard apply to the Second Amendment. Are all Rights protected by the Constitution equal? Should any infringement on one Right merit the same degree of scorn as infringement against another Right?
The Circuit Courts of Appeals have split over whether an infringement of Second Amendment rights inflicts an irreparable harm. The Seventh and Ninth Circuits have held that infringements constitute irreparable harm, while the Third Circuit disagrees. It is this split that should bring Supreme Court review and a ruling that applies uniformly across the circuits.
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