Supreme Court punts on gun rights case saying the issue is moot after New York City withdrew the law.

Guns seized in New York. NBC News/Getty.

The Supreme Court refused to rule on a gun rights case from New York City instead ruling that the issue is moot. NBC News. In a 6-3 ruling the court said that because New York City repealed the law the court would not rule on it. The case concerns a firearm transport law that said gun owners could not take their firearms outside of New York City. Three gun owners in the city filed suit and appealed to the Supreme Court but when it was clear that the city risked losing at SCOTUS, they changed the law. The three dissenting justices said the law was unconstitutional and should have been overturned despite the change in the law. Brett Kavanaugh agreed with the majority but said that gun cases should be taken up by the Supreme Court more frequently. 

My Comment:

It looks like New York City's strategy to prevent an unfavorable ruling worked. It seems pretty clear that if they hadn't pulled the law they would have lost. It was clear that the court thought that the law was unconstitutional but they refused to rule. 

I think this will encourage more shenanigans like this. Anytime an obviously unconstitutional law is made the lawmakers can just pull it and avoid an unfavorable ruling. No rulings will be made and the next time a law comes up people might be less inclined to sue. 

I'm not sure why that argument didn't convince the Supreme Court to rule on this case. You would think that New York City's actions in this case would be the kind of thing that would piss of the court but I guess not. 

This case doesn't appear to be over though, the Court sent the issue back to the lower courts. If the plaintiffs continue the case they can argue about getting damages from the old law and arguing about the constitutionality of the replacement law that says people can travel with their firearms but only if they don't make any side stops along the way. But again, if that issue comes to the Supreme Court again, why wouldn't New York City just pull the law again to make the issue moot?

If there is good news here it's that it looks like the Supreme Court is more likely to take further gun rights cases. Brett Kavanaugh seems to be chomping at the bit, which makes his ruling here strange. Regardless it's been way too long since these cases have been tried in court and I am hoping that more gun rights cases make it to the court soon. 

I also think that the gun control movement is on life support. After an infusion of cash and supporters after a rash of mass shootings, the movement was devastated by the Coronavirus outbreak. Millions of people purchased firearms due to fear of civil unrest and chaos and many of them realized for the first time how horrible these gun laws are. And they will now be less likely to support the confiscation of their property.