Amicus Brief Urges SCOTUS to Gut Second Amendment Militia Clause

An amicus brief filed in the pending Supreme Court "assault weapon" ban cases argues that the Second Amendment's militia clause is "extinct," and that justices should use the Dobbs decision as a template for letting lawmakers ban semiautomatic firearms outright.

Key points

• Who filed it: Attorney David A. Robinson submitted the brief ahead of Wednesday's deadline for amicus filings in Viramontes v. Cook County and Grant v. Higgins, per Bearing Arms.
• Failed amendment campaign: Robinson reportedly spent over $6,000 promoting a self-published book and proposed 28th Amendment, and pitched the idea to members of Congress and multiple presidents, with no takers.
• His pitch to the Court: Having failed to rally public support, Robinson argues the Supreme Court should effectively finish the job by declaring the militia clause dead and limiting Second Amendment protection to hunting and self-defense.
• Odd arguments included: The brief reportedly features a fictional dialogue between a 9-year-old and her teacher, plus comparisons of gun laws to highway speed limits and MLB's historical exclusion of Black players.
• Heller problem: Bearing Arms notes the brief skips over Heller's recognition that commonly owned semiautomatic firearms fall under Second Amendment protection, unlike the unenumerated right at issue in Dobbs.

Quick take

Bearing Arms treats this brief as a punchline, and it's easy to see why — asking nine justices to accomplish what Congress and the states wouldn't isn't a legal theory, it's a shortcut around the amendment process. Still, it's a reminder of just how many bad-faith arguments will land on the Court's desk before Wednesday's deadline in two cases that could meaningfully affect what rifles and magazines you're allowed to own.

Read the full story: bearingarms.com