Moments ago, the United States Supreme Court issued a statement saying that they would not agree to allow the Second Amendment Preservation Act (SAPA) to remain in effect pending the outcome of litigation against it.
Here’s a quick recap.
Earlier this year, Judge Wimes (from KC) struck SAPA down, after inventing things in the law that simply were not there.
Once that happened, Missouri AG Andrew Bailey asked Wimes to ‘stay’ his opinion, allowing SAPA to remain in effect pending the outcome of his appeal to the 8th Circuit.
Wimes agreed. Bailey then asked the 8th Circuit to grant a ‘stay’ until they heard oral arguments on the case. That was six months ago. Two weeks ago, the 8th Circuit refused to grant the ‘stay.’
At that point, SAPA was no longer law here in Missouri.
The next day, Attorney General Bailey appealed to the United States Supreme Court (SCOTUS), asking them to grant a ‘stay,’ again allowing SAPA to remain in effect pending the appeal process.
Today, SCOTUS denied that request.
While it would have been nice to get a quick affirmation from the Supreme Court, by no means is this a kill shot to SAPA law. In many ways this was expected, as SCOTUS rarely intervenes until a case has been heard in Circuit Court first.
In fact, there are five facts that you need to remember.
First, this was NOT a SCOTUS decision on the merits or constitutionality of the Second Amendment Preservation Act. They were simply ruling on the ‘stay’ motion I described above.
Second, the fact that SCOTUS even took up this case is a clear sign of their interest in SAPA. They didn’t have to review it.
Third, Clarence Thomas said that he would extend the ‘stay.’
Fourth, Justice Alito and Gorsuch made it clear that their decision was temporary and based on ‘present circumstances.’
Fifth, Alito and Gorsuch didn’t need to say anything publicly. The fact that they did is encouraging, since we only need four justices to grant ‘certiorari’ — to agree to hear SAPA on appeal!
Never forget that while Constitutional Carry, Stand-Your-Ground law, and other pro-gun laws that we’ve passed are important, SAPA outweighs them all 100 times over.
The impact of SAPA…denying Biden the use of our state/local cops to enforce his federal gun control agenda…has sent shivers down the spine of the Radical Left.
So you can bet that they are going to try to stop us.
From here the case will be heard in the 8th Circuit Court of Appeals for their consideration. I just spoke with the AG’s office, and they anticipate that happening soon.
If we win there, SAPA is back in effect and the DOJ will likely appeal to SCOTUS. They have no other choice.
If we lose there, Attorney General Bailey has assured me (and all MOFC members through the various videos we’ve done together) that he will certainly take SAPA before the Supreme Court.
Thanks for everything that you’ve done to help us pass SAPA into law, defend it in Jeff City, and defend it in court.
SAPA and the way it applies state’s rights to the broader issue of federal tyranny is the issue of our time, and we’re looking forward to taking this fight all the way to the Supreme Court!
For Missouri,
Aaron Dorr
Political Director
Missouri Firearms Coalition