Explore The NRA Universe Of Websites

APPEARS IN News

Trump’s Federal Court Appointments Will Help to Preserve Our Rights for a Generation

Tuesday, February 20, 2018

Government doesn’t always move quite as fast as we’d like. In recent years, members of both major political parties have complained about historic Congressional inaction. The requirements of the Administrative Procedure Act can slow down executive branch efforts to repeal or amend regulations. While it can be frustrating when our friends are in power, the more deliberative aspects of our system of government are an important check that preserves our rights when circumstances are less advantageous.

 

However, an important avenue where President Donald Trump and our friends in the Senate have been able to move swiftly to push a pro-gun rights agenda is by exercising the president’s constitutional authority to appoint federal judges. Once confirmed, federal judges serve for life “during good Behaviour.”

 

On May 18, 2016, candidate Trump signaled to the American voter that he understood the importance of the federal judiciary when he broke with convention and released a list of potential U.S. Supreme Court nominees. Exit polling data from 2016 observed that Trump’s emphasis on sound judicial appointments was a crucial factor in his victory. An NBC News poll showed that 27 percent of Trump voters cited Supreme Court appointments as their most important factor in voting, while only 19 percent of Clinton voters answered likewise. Moreover, 22 percent of all voters listed Supreme Court appointments as their most important factor in voting, up from seven percent in 2008.

 

When Trump took office he inherited 114 federal court vacancies from Barack Obama. In contrast, there were only 54 vacancies when Obama was inaugurated and 81 when George W. Bush began his presidency. Through November, nine of Trump’s U.S. Courts of Appeals nominees had been confirmed. Obama only notched three in his first year in office. In early November, before Trump secured the ninth confirmation, the New York Times lamented that the first eight was “the most this early in a presidency since Richard M. Nixon.”

 

Even with Trump’s early victories, as of mid-December, the number of vacancies had swelled to 144. This number included 119 positions on the U.S. District Courts and 17 on the U.S. Courts of Appeals. Eager to fill these seats, as of press time Trump had nominated 44 individuals to serve; 34 to the district courts and 7 to the appellate bench.

 

Trump has stated that he plans to make the most of his historic opportunity. During an October 17 news conference with Senate Majority Leader Mitch McConnell, the president explained, “many [nominees] are in the pipeline,” adding, “we will set records in terms of the number of judges.”

 

Moreover, Trump has shown that he is dedicated to nominating individuals with a proper understanding of our Second Amendment. This began with Trump’s nomination of Supreme Court Justice Neil Gorsuch, who, less than three months after taking the bench, signed a blistering dissent of the Court’s decision not to take up a challenge to California’s may-issue carry regime. Trump has shown similar care in lower court appointments.

 

This fact has not gone unnoticed by gun rights opponents. Upon discovering that one of Trump’s district court nominees had written a 2013 blog post in support of NRA and the Second Amendment, Sen. Dianne Feinstein (D-Calif.) took the nominee to task for his pro-gun views. In her written questions for the nominee, Feinstein all but demanded that the nominee pledge to recuse himself from “cases involving the NRA or where the NRA had taken a position.” Feinstein also quizzed the nominee on why he became a member of NRA.

 

Gun control proponents aren’t wrong to be concerned about a pro-Second Amendment shift in the federal judiciary. Following the landmark District of Columbia v. Heller and McDonald v. Chicago Supreme Court decisions, the lower federal courts have played a significant role in interpreting the scope of the Second Amendment. Until the Supreme Court abandons its current reluctance take up Second Amendment cases, appellate court rulings on issues such as Right-to-Carry and commonly owned semiautomatic firearms will continue to be the law in their various districts.

 

Beyond strictly Second Amendment issues, federal judges are also asked to rule on the administrative state’s interpretation and enforcement of federal statute. Judges with a more comprehensive understanding of our rights should be more apt to remedy executive branch overreaches of the kind perpetrated by Obama and former-Attorney General Eric Holder.

 

At any given moment, NRA is involved in numerous federal court cases that run the gamut of issues that affect gun owners, from defending the Right-to-Carry, to protecting gun owners’ due process rights and privacy, to fighting illegitimate restrictions on the use of traditional ammunition. It’s impossible to know all of the federal litigation tomorrow will bring, but by prioritizing filling federal court vacancies, Trump and our Senate friends are helping to put gun rights supporters in a position to succeed for decades to come.

TRENDING NOW
Massachusetts: Progressives Pass Radical Gun Control Bill

Friday, July 19, 2024

Massachusetts: Progressives Pass Radical Gun Control Bill

Progressive politicians in Massachusetts just passed one of the most extreme gun control bills in the country.

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

Thursday, July 25, 2024

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

On Thursday, July 25th, Governor Maura Healey (D) signed H. 4885, "an act modernizing firearm laws," one of the most extreme gun control bills in the country, into law.

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

News  

Monday, July 22, 2024

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

Last week, Sen. JD Vance (R-OH), accepted the Republican party’s nomination for vice president at the Republican National Convention in Milwaukee, WI.

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

Friday, February 2, 2024

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

On Thursday, February 1st, the Senate passed S.2572 late in the night without the bill ever receiving a public hearing, ignoring the concerns of Minority Leader Bruce Tarr and second amendment advocates across the state. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

News  

Second Amendment  

Monday, July 22, 2024

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

The National Rifle Association of America (NRA) has filed a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Engaged in the Business” Final Rule. The ATF’s Final Rule unlawfully redefines when a person ...

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

News  

Monday, July 22, 2024

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

In another Bruen-based invalidation of a gun law, a federal appeals court has struck a Minnesota law that prohibits 18 to 20-year-olds from being eligible for a carry permit, declaring the law to be invalid and ...

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging ...

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Tuesday, July 23, 2024

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait 7 ...

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.