Obama- and Biden-appointed judges have potentially found a way to turn the Supreme Court's expansive new Second Amendment doctrine on its head.
. He did not exempt felon-in-possession laws from this searing scrutiny. Thomas’ extreme language prompted Justice Brett Kavanaugh, joined by Chief Justice John Roberts, to pen a concurrence pledging that such bans remain “presumptively lawful.”
So why did the 3rd Circuit hold otherwise? In his majority opinion, Judge Thomas Hardiman asserted that’s reasoning, rather than Kavanaugh’s concurrence, bound the lower courts. And rather than ask aboutpeople convicted of felonies, he looked only at the plaintiff in this case: Bryan Range, who was convicted of making a false statement to obtain food stamps in 1995. This criminal record, Hardiman wrote, does not exclude Range from “the people” who are “protected by the Second Amendment.
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