For Immediate Release

NEW REPORT: THE SUPREME COURT PLAYS A KEY ROLE IN ENABLING GUN VIOLENCE, CHILLING ADVOCACY EFFORTS

We must take back the Court to save lives and keep people safe.

SAN FRANCISCO, CA (March 17, 2021) — America has a staggering number of guns—nearly half of all civilian-owned guns worldwide are owned by Americans—and we have a correspondingly high rate of gun deaths. There are more public mass shootings in the United States than in any other country in the world, something this week has all too tragically reminded us once again. Despite the heroic work of gun safety advocates in amassing an impressive string of victories at the local and state levels, the federal government has not enacted broad measures that would prevent larger numbers of fatalities, such as national bans on handguns or assault rifles.

Take Back the Court today released a new report explaining how the U.S. Supreme Court contributes to the national failure to enact comprehensive gun safety reforms that would save lives and keep people safe. According to the report, the Court’s conservative majority makes gun safety advocates walk on thin ice, substantially burdening reasonable and clearly constitutional gun safety reforms with the threat of fatal litigation.

“The Supreme Court—coupled with extreme lower-court judicial appointees—plays a key role in enabling gun violence by jeopardizing efforts to put an end to it,” said Aaron Belkin, Director of Take Back the Court. “The Court’s conservative majority can be expected to continue to jeopardize efforts to end gun violence for as long as it remains in power, instilling fear that it will use any opportunity to block or roll back reforms. That’s why it is critical to expand the Court.”

While the Supreme Court does not address the constitutionality of gun reform frequently, all members of the Court’s conservative majority have, in prior rulings, taken stands that are inconsistent with efforts to end gun violence. And the Court’s conservative justices have two key opportunities at their disposal—an expansion of the Second Amendment as well as a partisan interpretation of the Commerce Clause—to oppose gun safety measures.

This past April, Justice Kavanaugh signaled that he is eager to expand the Second Amendment, writing, “some federal and state courts may not be properly applying Heller and McDonald. The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.” Heller and McDonald refer to prior Supreme Court rulings that prevented cities and states from adopting gun safety reforms.

“Given the cost in human lives of endemic gun violence, we cannot wait to act,” Belkin added. “Expanding the Court is the only way to undo the chilling effect that the conservative majority has had on gun safety advocacy.”

Read the full report here.

Take Back the Court raises awareness about the urgent need to expand the number of seats on the Supreme Court to address the theft of the court by Senator Mitch McConnell during the Obama Administration. Without adding seats, Congress will not be able to restore the right to vote, ensure reproductive freedom, protect workers, halt our climate emergency, or pass new legislation. Court expansion, which can be accomplished without a constitutional amendment, is the only reform that enables the un-rigging of the system and the restoration of democracy. Learn more at https://www.takebackthecourt.today.