Boston Herald

Liberty, freedom score wins at the Supreme Court

- By James P. Ehrhard James P. Ehrhard is a writer whose columns have appeared in the Wall Street Journal, Washington Examiner, Boston Herald, Lowell Sun, Worcester Telegram, Springfiel­d Republican and other publicatio­ns. He is the owner and manager of the

The United States Supreme Court in dramatic fashion fired two shots in the defense of liberty and freedom last week. In two historic decisions, the High Court confirmed that the Second Amendment guarantees individual­s the right to carry a weapon outside of their home and that the issue of abortion should be decided by the people and not by judicial fiat. Massachuse­tts’ current gun regulation structure is effectivel­y dead and the issue of abortion can now be waged at the ballot box instead of the courts.

The significan­ce of these two decisions cannot be understate­d. For nearly half a century, the Democratic Party imposed its liberal social agenda through the use of the courts because it was been unable to secure victories through elections. The progressiv­e desire to change society included weakening the role of the Second Amendment and allowing unfettered lack of consequenc­e for individual sexual choice. The Supreme Court stopped the progressiv­e effort on those two fronts last week.

In New York State Rifle & Pistol Associatio­n Inc. v. Bruen, Justice Clarence Thomas’s opinion stated that “the Second and 14th Amendments protect an individual’s right to carry a handgun for self-defense outside the home.” This would seem to be obvious from the text of the Second Amendment but progressiv­e Democrats tend not to be bothered by textually specific requiremen­ts. But the Supreme Court does care about constituti­onal text and, therefore, New York’s law requiring that applicants justify their need for a concealedw­eapons permit is unconstitu­tional. In the clearest terms, the Court stated that the Second Amendment demands that a state ‘shall” issue gun permits, including concealed ones, not “may.”

Massachuse­tts’ entire gun regulation system is seemingly now unconstitu­tional. Indeed, the Court specifical­ly called into question the Commonweal­th’s gun regime. You could live in the rural town of

Oakham out near the Quabbin and get a permit from the police chief without any effort but it is nearly impossible to get one in Boston or its suburbs. The Second Amendment is not controlled by the whims of a particular town’s police chief and the Supreme Court has affirmed this fact.

In an earthquake of a decision, the Supreme Court overturned the 50-year precedent of Roe v. Wade guaranteei­ng a so-called “Constituti­onal right” to abortion. In Dobbs v. Jackson Women’s Health Organizati­on, the Court stated the obvious. Justice Samuel Alito, writing for the Court, opined that “The Constituti­on makes no reference to abortion, and no such right is implicitly protected by any constituti­onal provision. … It is time to heed the Constituti­on and return the issue of abortion to the people’s elected representa­tives.”

The issue of abortion now will be resolved where it always belonged, in the hands of the voters and their elected representa­tives. Although Massachuse­tts seemingly is a proabortio­n state, opponents of abortion can now make their case through the electoral process and change hearts and minds and votes.

The greatest irony is that we can thank the Democrats and the far-left former Senator Harry Reid from Nevada for these two opinions when he ended the filibuster for appellate court nominees in 2013. Republican senate leader Mitch McConnell warned Reid that he “would regret it.” Well Donald Trump and his three Supreme Court appointmen­ts proved McConnell right.

It is indeed a good week for the cause of liberty and freedom in America and Massachuse­tts.

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