Joe Biden and Clarence Thomas have a rivalry that dates back to 1991.
Biden tried to destroy Thomas with Anita Hill’s dubious claims of sexual harassment.
But now, Joe Biden is about to ask Clarence Thomas to do one unthinkable thing.
In last year’s New York State Rifle & Pistol Association Inc. v. Bruen, the Supreme Court struck down the state’s concealed carry permit scheme and established a new test to determine the Constitutionality of gun control laws across the country.
The Court held that laws restricting firearms did not pass muster if they failed to fall within the history and tradition of protecting the Second Amendment.
Gun grabbers immediately understood that it was only a matter of time until so-called “assault weapons” and “high capacity magazine bans” would be on the chopping block.
That day is fast approaching after U.S. District Judge Stephen McGlynn issued an order blocking Illinois’ so-called “assault weapons” and “high capacity” magazine bans.
Illinois argued that the so-called “high capacity magazines” were not protected by the Second Amendment since they are not actually firearms.
Judge McGlynn dismissed this ludicrous argument, noting the country has long maintained that gun grabbers cannot end-run the Second Amendment by banning everything that makes using a firearm possible.
He said a firearm is just a paperweight without the ability to load ammunition into it.
“Defendants’ argument is not persuasive. The Seventh Circuit has recognized the Second Amendment as extending to ‘corollar[ies] to the meaningful exercise of the core right to possess firearms for self-defense.’ It is hard to imagine something more closely correlated to the right to use a firearm in self-defense than the ability to effectively load ammunition into the firearm. The Third Circuit recognized the importance of this corollary and held that ‘a magazine is an arm under the Second Amendment,’ Judge McGlynn wrote.
The Judge mocked the argument that the state of Illinois can ban so-called “assault weapons” because only muskets and pistols were available when the Continental Congress ratified the Constitution.
Judge McGlynn wrote that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.”
Finally, Judge McGlynn cited the Bruen decision in holding that Illinois cannot ban so-called “assault weapons” due to the Court ruling that the government cannot restrict firearms commonly in use.
“Bruen clearly holds that the Second Amendment protects ‘possession and use’ of weapons ‘in common use’ not just weapons in common use for self-defense as Defendants’ argued. Even if there was a requirement that the ‘common use’ of an ‘arm’ be self-defense, AR-15 style rifles would meet such a test considering that 34.6% of owners utilize these rifles for self-defense outside of their home and 61.9% utilize them for self-defense at home,” Judge McGlynn added.
This case is headed to the Supreme Court.
And Joe Biden is now going to have to ask Clarence Thomas and the other conservative Justices to bail out his anti-gun agenda.
Deplorable Daily will keep you up-to-date on any developments to this ongoing story.