Federal Court judges are arguably more important than the Supreme Court judges lately.
For example, in 2008 (Heller) and 2010 (McDonald)there were landmark Supreme Court decisions on the 2nd Amendment.
The
Heller and
Mcdonald decisions, in very clear language, make it where any challenge to "May Issue" carry permitting (CA, NY, NJ, HI, etc) should result in a very easy victory. These decisions made it clear that carry must be allowed, either open or concealed, that the "good cause" requirements are unconstitutional. Likewise state bans on AR's etc would be void via the wording "cannot ban guns in common use at the time" found in those decisions. Both decisions made it very clear what is constitutional.
What has happened since? Well most of the time the lower courts have simply ignored those Supreme Court decisions (which are controlling law) or very loosely interpreted them, resulting in rulings that are in complete contradiction to the decisions.
Gorsuch and Clarence Thomas have recently written that they wanted to hear many recent 2A cases as they were in blatant violation of the previous Supreme Court decisions.
Just from last month:
Clarence Thomas
Quote:Quote:
Thomas, in an opinion released on Tuesday, criticized the courts for a "general failure to afford the 2nd Amendment the respect due an enumerated constitutional right." He was writing a dissent after his colleagues declined to take up a challenge to California's 10-day waiting period as it applies to individuals who already own guns.
"The lower courts are resisting this court's decision" in Heller, Thomas complained, "and are failing to protect the 2nd Amendment to the same extent that they protect other constitutional rights."
The 69-year-old justice also turned to his own colleagues on the bench bemoaning the fact that there haven't been the necessary four votes to take up a major 2nd Amendment related case since Heller.
"If a lower court treated another right so cavalierly, I have little doubt that this court would intervene," Thomas said. "The 2nd Amendment is a disfavored right in this court."
If the majority of the Supreme Court simply decline to hear a case then the unconstitutional verdict of the lower court stands and there's nothing that can be done. Thus, on many issues right now, the Federal Courts are the final say, and the most important.
I doesn't matter what the supreme law is if no one enforces it.