Monday brought some shockingly bad news to “progressives” who dream of steamrolling over the Constitution by expanding and packing the Supreme Court.
In a major victory for Second Amendment rights, the SCOTUS slapped down the Biden Administration’s arguments that the “community caretaking” exception to the Fourth Amendment allows the government to search someone’s home without a warrant and seize their guns if they think the person might be a danger to themselves or others. In a ruling written by Justice Clarence Thomas (another blow to leftists), the Court said police may execute “many civic tasks in modern society,” but there is “not an open-ended license to perform them anywhere…The very core of the Fourth Amendment” is the “right of a man to retreat into his own home and there be free from unreasonable search and seizure.”
This case involved a Rhode Island man who was arguing with his wife when he put an unloaded gun on the table and said, “Shoot me now and get it over with.” Taking that as a serious suicide threat (which I frankly doubt), his wife called the police. Despite his protests that his behavior was not abnormal or agitated (it sounds like something a lot of husbands might say under the circumstances), he agreed to go in for a psych evaluation. His wife then let the cops search their home and take his guns without a warrant after the police lied and told her he’d consented.
Yes, that’s actually the police action that the Biden DOJ described as “reasonable.” That might explain why they also thought the treatment of Michael Flynn was reasonable.
Thankfully, the Court disagreed. Thomas wrote that the “community caretaking” exception to needing a warrant to seize guns was for cases such as taking a gun from the trunk of an impounded vehicle or looking through a window and seeing someone about to shoot someone else. In a concurring opinion, Justice Alito said this is not a ruling on the constitutionality of so-called “red flag” laws that some states are passing, in which a court can order guns taken from someone who’s deemed a threat, but he said those may be challenged later.
As much of a blow to the left’s dreams of gun confiscation as this ruling is, here’s what makes it worse for them: It was a unanimous 9-0 decision. Even the liberal Justices thought that warrantless gun seizures are unconstitutional! So even if they tried to add four leftwing activists to the Court who don't give a darn about the Constitution, they still would have lost this case 9-4.