Posted February 21, 2018 9:00 am by Comments

By Chris Eger

Clarence Thomas (Photo: SCOTUS)
“The right to keep and bear arms is apparently this Court’s constitutional orphan,” said the Justice after the nation’s high court refused to hear a challenge to California’s 10-day waiting period for guns.
The long-running case, in which Jeff Silvester and Brandon Combs, who feel the state’s 10-day waiting period for gun purchases is a violation of their rights, did not find at least four of the nine members of the Supreme Court to vote in favor of hearing it, and was turned away this week in orders released Tuesday. This set off Justice Clarence Thomas, a conservative icon of the court for three decades, who argued the U.S. 9th Circuit, which sided with California on the matter, did so without applying a standard analysis of the case at hand.
“It allowed California to prove a governmental interest with speculation instead of evidence,” said Thomas in a rare 14-page dissent filed with the order denying the petition. “It did not meaningfully assess whether the 10-day waiting period is reasonably tailored to California’s purported interest. And it did not defer to the factual findings that the District Court made after trial. The Ninth Circuit would not have done this for

Source: Guns.com

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