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Barrett On the Court Means Another Second Amendment Case is a Matter of When, Not If

Supreme Court nominee Amy Coney Barrett testifies during her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, Tuesday, Oct. 13, 2020. (Leah Millis/Pool via AP)

Josh Blackman, a professor at the South Texas College of Law Houston, said with Justice Barrett on the court could make another major ruling a matter of when, not if.

“I think Justice Barrett would push the court to take one of these cases,” Mr. Blackman said. “[Justice] Roberts can’t be a wuss any more — he’s going to have to go along.” …

Mr. Blackman said, though, that it could take years for a newly filed case to work its way up.

He said the court might be more likely to take up a case that turns on a question of gun rights for the mentally ill or incapacitated, rather than more hot-button issues of constitutional protections for assault weapons or high-capacity magazines.

Mr. Blackman pointed to the Mai v. United States case, which involves a man who was involuntarily committed to a mental hospital when he was 17 years old and whether he should thereby lose his Second Amendment rights.

“I think that might be an attractive vehicle because it’s not trying to give people the right to have AR-15s and give people the right to expanded-capacity magazines — it’s about mental health,” he said.

– David Sherfinski in Barrett confirmation sparks flood of Supreme Court-bound challenges from pro-gun groups

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