A Lot.
Kavanaugh pressed Texas Solicitor General Judd Stone on the prospect that the legal machinery of the new abortion law could be used against other freedoms, referring to a brief filed by a gun rights group.
“We can assume that this will be across the board, equally applicable as the Firearms Policy Coalition says, to all constitutional rights?” Kavanaugh said, later asking Texas’ lawyer to imagine a law that let anyone sue a person for using an AR-15 rifle and hold them liable for $1 million.
Did they say something like that? Oh to be sure, they did.
The importance of this petition is not about any debate over the existence or scope of any constitutional right to abortion. Indeed, Amicus takes no position on such questions, which are before this Court in other cases. Rather, this case is about access to the means of enforcing individual constitutional rights, as determined by this Court’s cases, and protecting against their infringement, regardless of the particular right involved. Texas’s novel scheme for infringing upon and chilling the exercise of the right to abortion under this Court’s Roe and Casey decisions while seeking to evade judicial review, if allowed to stand, could and would just as easily be applied to other constitutional rights. That result is wholly anathema to our constitutional scheme, regardless what one thinks of abortion or, indeed, of any other hotly debated constitutional right, such as the right to keep and bear arms.
See also here.
But you see, there is no constitutional right to destroy a company because someone used their product to injure others, any more than there’s a constitutional right to kill babies. Those things are just made up out of whole cloth.
FPC is scared that 2A rights will be violated if we disallow the killing of babies. But if you make your bed with the devil, don’t be surprised when he kills you. There is no basis for the belief that this argument won’t be used to kill the Texas law and then summarily ignored when a state or individual bankrupts a firearms company (with the black robed tyrants ignoring the case).
Justice has been sacrificed for expediency, because in the eyes of the FPC, the only thing standing in the way of the obliteration of the 2A is SCOTUS interpretation. Then where are you?
To me, the same place we were. God grants a right, man does not. Breakage of the covenant of the 2A means that the government is illegitimate and must be divorced, not that we lose a right.
The FPC could have done a much better job with their brief. They’re on the losing side of one issue, and they may end up on the losing side of yet another.
Fear is a vicious monster and should not be tolerated.