Part of our core mission? Exposing the Left's blatant hypocrisy. Help us continue the fight and support the 2024 Year-End Campaign now.

June 24, 2022

The Greatest Living American Issues His Career-Defining Court Opinion

“We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.”

On Thursday, the single greatest living American used the occasion of his 74th birthday to remind of his greatness. He did so by issuing the single piece of writing that, at least thus far, best encapsulates and defines his career as one of the most towering constitutionalists in the history of the republic.

It is unfortunate that Justice Clarence Thomas, an intellectual trailblazer of an originalist constitutional interpretive methodology who celebrated his 30-year anniversary on the Supreme Court last fall, had to date failed to pen a Court majority opinion that law students and legal practitioners could readily point to as his signature achievement — his juridical magnum opus. Much of Thomas’ most impactful, and certainly culturally salient, writings have come in dissent. He has of course had ample opportunity to write majority opinions over the span of his illustrious Court tenure, but those majority opinions have typically come in more arcane legal realms, such as habeas corpus.

All of that changed with Thomas’ 63-page majority opinion in the New York State Rifle & Pistol Association v. Bruen case, this Supreme Court term’s marquee Second Amendment case. Thomas’ majority opinion, which came a mere two days after the formal release of Michael Pack and Mark Paoletta’s new book, “Created Equal: Clarence Thomas in His Own Words,” extends a natural intellectual arc from his prior writings in this hotly contested jurisprudential area. In 2008, he signed onto the late Justice Antonin Scalia’s majority decision in District of Columbia v. Heller, which for the first time in the Court’s history established that the Second Amendment secures an individual right to possess a firearm. And he wrote a prolific concurrence in the 2010 McDonald v. City of Chicago case, which “incorporated” the Second Amendment substantive gun-owning right against the 50 states.

But for many years following McDonald, Second Amendment activists were abandoned and hung out to dry. The Court repeatedly denied writs of certiorari in gun cases, refusing to provide unifying clarity as to the scope of the substantive individual “right to keep and bear arms” the Court had secured in Heller and McDonald. Thomas himself frequently dissented from the Court’s denials of certiorari, objecting to the Court’s post-McDonald treatment of the Second Amendment as a “second-class right.”

In Bruen, Thomas was vindicated. The Court invalidated New York state’s impermissibly restrictive licensing regime, which required an applicant to demonstrate “proper cause” simply in order to carry a concealed handgun outside the home — in other words, fulfill the “bear” component of the Second Amendment’s textually straightforward “right to keep and bear arms” provision. Many of the post-McDonald “tests” that the lower courts have devised in the absence of the Supreme Court’s clarity on the subject, such as the U.S. Court of Appeals for the Ninth Circuit’s infamous “two-step” test that amounts to a mere means-end balancing test justifying a slew of restrictive gun control measures, are now jeopardized. More specifically, the Court’s ruling only implicates the “may-issue” concealed carry licensing regimes that are employed by six blue states; “shall-issue” and constitutional carry states, which now predominate due to conservative political victories in this space, are untouched.

The conclusion of Thomas’ majority opinion returned, as expected, to first principles: “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.”

That entirely logical and commonsensical sentiment commanded a six-justice majority in Bruen. Justice Stephen Breyer, on behalf of the Court’s three liberals in dissent, was forced to rely upon tendentious invocations of recent gun-related tragedies and a banal recitation of other Democratic National Committee-style gun control talking points. It represents an ignominious swan song for the soon-to-be-retiring Clinton appointee.

The Bruen opinion is also a particularly welcome development, given that it was rendered on the same day that 15 Republican senators joined forces with Democrats to break a filibuster on the Senate’s misguided piece of “compromise” gun legislation, the Bipartisan Safer Communities Act. By all accounts, that bill, which includes such noxious provisions as federal taxpayer subsidization of states’ “red flag” laws, now appears headed for passage. That is deeply unfortunate, but gun rights enthusiasts can take solace in the fact that Bruen’s logical extension of the Second Amendment individual right found in Heller represents a bigger long-term development for the country.

God Bless Justice Clarence Thomas. And as the case may be, he may have the chance to one-up his Bruen handiwork and establish a new “career-defining magnum opus” majority opinion just next term: The constitutionality of race-conscious affirmative action programs, a longtime Thomas bugaboo, will then be on the Court’s chopping block.

COPYRIGHT 2022 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.