Federal Court Strikes Down Another Provision of New York’s New Gun Control Law

I have previously written about how New York has proven time and time again as the gift that keeps on giving for the National Rifle Association (NRA) and gun-rights groups. New York Democrats continue to pass laws that are virtually guaranteed to be struck down and further reinforce Second Amendment rights. The latest provision involves the possible criminal prosecution for possessing a gun on private property if the owner has not approved such possession on the premises.

New York Democrats have passed a series of laws that led to catastrophic losses in federal court, including the recent major ruling in New York State Rifle & Pistol Association, Inc. v. Bruen. This includes openly gaming litigation to the irritation of individual justices.

After each loss, the same politicians circle the firing squad again and pass the next round of questionable gun limits. New York Democratic Gov. Kathy Hochul promised such legislation within an hour of the release of Bruen.  It passed with the help of a special session in the resumption of this inexorable cycle and has already resulted in court losses. Now there is a new such ruling against the law.

In New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), the Supreme Court rejected the prior New York law under the Second Amendment to publicly carry firearms for self-defense. The Court held that New York’s “proper cause” licensing regime unconstitutionally infringed this right. New York responded roughly a week later with Senate Bill S51001 (June 30, 2022, Extraordinary Session). The new law created a target rich environment for new challenges.

The new decision comes from Judge John Sinatra (W.D.N.Y.) in Christian v. Nigrelli: where the court ruled that the private property exclusion violates the Second Amendment.

The state might have been able to reinforce an important right of private business owners to exclude guns with a reasonable drafting of the law. Instead, it sought to use the issue to effectively ban guns from “sensitive” and privately owned areas.

Gov. Kathy Hochul again made the case against her own state in ill-considered comments where she proclaimed that S51001 “makes ‘no carry’ the default for private property” by “establish[ing] that private property owners must expressly allow a person to possess a firearm, rifle, or shotgun on their property[.]” That default is the problem.

The provision at issue is § 265.01-d:

Criminal possession of a weapon in a restricted location.

1. A person is guilty of criminal possession of a weapon in a
restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or has otherwise given express consent.

Plaintiff Brett Christian complained that he is:

“unable to carry firearms on his person throughout the State because of S51001’s designation of private property, even private property open to the public, as “restricted locations.” Christian Dec. ¶¶ 10, 11. Christian brings his firearm with him on private property open to the public, such as weekly visits to gas stations and monthly visits to hardware stores. Christian Dec. ¶ 10. He intended to continue to do so, but for the enactment and enforcement of S51001. Christian Dec. ¶ 10. Moreover, since S51001 bars even “entering” these locations, Plaintiff will need to disable and store his firearms before driving his vehicle or walking into parking lots, which means in some instances, Plaintiff will need to stop carrying for selfdefense before he can get physically close enough to see if any “clear and conspicuous signage” Case 1:22-cv-00695-JLS Document 19-1 Filed 09/28/22 Page 14 of 30 10 exists permitting him to carry. Christian Dec. ¶ 11. Not only does this put Plaintiff at risk of uncomfortable situations with passersby observing him disable and store his firearms, but the fact he has to constantly disarm greatly reduces his ability to defend himself throughout the State. Christian Dec. ¶¶ 11, 12.”

The court found a sufficient injury and a substantial likelihood of prevailing on the constitutional violation.

“In sum, the vast majority of land in New York is held privately, and it encompasses homes, stores, businesses, factories, vacant land, hotels, parking lots and garages, grocery stores, pharmacies, medical offices, hospitals, cemeteries, malls, sports and entertainment venues, and so on. These are places that people exercising their rights, frequent every day when they move around outside their homes. The exclusion here makes all of these places presumptively off limits, backed up the by the threat of prison. The Nation’s historical traditions have not  countenanced such an incursion into the right to keep and bear arms across all varieties of private property spread across the land. The right to self-defense is no less important and no less recognized on private property.”

Unfortunately, there is no evidence that New York is committed to ending its historical use of a circular firing squad on Second Amendment rights. Hochul used the law to rally support from voters despite this likely outcome. It is all crushingly predictable. Hochul won the election and yet another provision in the law was found unconstitutional. As a result, New Yorkers have once again strengthened Second Amendment precedent in support of gun rights.

Here is the opinion granting the preliminary injunction: Christian v. Nigrelli

149 thoughts on “Federal Court Strikes Down Another Provision of New York’s New Gun Control Law”

  1. Until we start sending legislators to prison for violating our Constitutional rights, this will simply continue forever.

  2. Many leftists here might be surprised to know, Police officers committ more gun crimes that CCW permit holders. But every time leftist want to let the criminals off with a slap on the wrist, and lock up the law abiding citizens quietly exercising their enumerated rights.

    1. It’s been established that the government has no responcibility to protect you through the police forces.

      1. All due respect to the cops. But they investin crimes after they are committed.

  3. It appears we have yet another hate crime! Yesterday a black angry, antisocial, violent gunman shot and killed 6 people at Walmart in Chesapeake, Virginia, 3 of whom were blacks. He then shot and killed himself. Maybe someone can help me find the AP coverage with the blaring headlines, Nancy Pelosi’s indignant comments and/or the New Yjerk Thymes calling out MAGA types for the hate driven violent crime of 3 blacks killed by an angry, antisocial, violent black gunman. I know the articles characterizing this latest hate crime have had to have been published by now but oddly, I cant seem to find any. Oh, the only way one knows the perpetrator was black is because of his photo….but of course

    Workers describe tense relationship with suspected Chesapeake Walmart shooter

    Walmart confirmed Bing, 31, who was blackwas an overnight team lead, and had worked for the company since 2010. Current and former employees described Bing who was black as having tense relationships with many coworkers.

  4. What Makes This Court Exceptional?

    New York’s Sullivan Law stood for 110 years before this court decided it was ‘unconstitutional’. Does that mean that for more than a century various courts failed to see how ‘wrong’ Sullivan was?

    1. Could you cite a case where the Sullivan law was addressed by a federal court before the recent decision?

    2. Courts do not decide on the constitutionality of a law until suit is brought by someone with standing. I am not sure if anyone had ever challenged the law in the past, but there are clear constitutional violations to what Hochul keeps attempting to do. Even if the 5 boroughs were made gun free zones, why should rural upstate New York be subject to these insane rules.

  5. Jonathan: You seem almost gleeful that a federal court has struck down the latest variant of gun control in NY. Now, if I am a bar owner in Buffalo I have to permit any “Billy the Kid” wannabee to come in to my establishment with his Glock on his hip and load up on Jack Daniels. That is a scenario I would find very “uncomfortable”. But in quoting Brett Christian’s complaint I found the following passage interesting. He alleged the NY law “not only does this put Plaintiff at risk of uncomfortable situations with passerby observing him disable and store his firearms, but the fact he has to constantly disarm greatly reduces his ability to defend himself …”. Better that the bar owner feel “uncomfortable” than Christian. Whatever happened to the historical tradition and right of private property owners to control who comes onto their property? An inconvenient fact you and Judge Sinatra just ignore so that Christian can open-carry his sidearm everywhere in the state.

    When “historical traditions” are involved Judge Sinatra, a Trump appointee, crooned in his decision and channeled Just Scalia: ” The Nation’s historical traditions have not countenanced such an incursion into the right to keep and bear arms across all varieties of private property spread across the land. The right to self defense is no less important and no less recognized on private property”. Sinatra may have the name of another famous crooner but his decision doesn’t have the lyrical quality of a song sung by “The Chairman of the Board”.

    When it comes to “historical traditions” both Scalia and Sinatra got it wrong. There is a long tradition of gun control in this country. I know. A distant relative was a Marshall with Wyatt Earp in Dodge City in the 1880s and 90s. There was a Dodge City ordinance that prohibited carrying weapons into the city. It was strictly enforced. At the beginning of enforcement a lot of cowboys objected. They were arrested and put in jail. Eventually most complied and left their guns at the sheriff’s office. And these gun laws were prevalent in other towns in the West.

    But now, if Sinatra’s decision is upheld on appeal, Christian can go into any bar in NY packing his sidearm. He apparently wants to “defend himself throughout the state”. What is Christian afraid of? Does he think someone somewhere in the state might try to shoot him? If you are a famous gunman with notches on you gun I can imagine why Christian might want to go everywhere packing. Every fast draw artist might want to take away your reputation. It reminds me of the movie “The Shootist” starring John Wayne who portrays a dying famous gunman and is facing a shoot out in a local saloon. Had the saloon owner been permitted to ban guns on his property Wayne might have lived another day. But, of course, that would have ruined the end of the movie. So now we have gone back to the “Wild West” where, last night, a Walmart employee shot and killed 7. Is this the kind of society we really want? For the gun rights “absolutists” I guess it is– and why you applaud Judge Sinatra’s decision.

    1. Big gap in your logic bro. An owner of private property can prohibit lots of stuff on his own authority. This is saying the state can’t coop private land to suppress gun ownership.



        Private property is distinctly NOT public property and the public, or government, has no measure of dominion over private property.

        The owner of private property is the only entity which can “claim and exercise” dominion of any and all sorts, with the exception of “taking” by Congress, and crimes of property damage and bodily injury, which are superior.

        The Constitution severely limits and restricts government, while providing maximal freedom to citizens.

        Never does the Constitution lean in favor of the power and control of government, over the natural and God-given rights, freedoms, privileges and immunities of the people

        “[Private property is] that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual.”

        – James Madison

        5th Amendment

        No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    2. So maybe you are the problem if your job is to get people drunk, not the constitution. You guys who do not understand why we have the rights to bear arms was because the forefathers saw how tyrannical gov.’s could become. You are the exact same types who want to see innocent babies murdered. Western Civilization was saved via the Gospel from those who sacrificed their kids to false (demons) gods, they also had demi gods that were males becoming females, the Greeks and Romans were deep into these perverted lifestyles just like we are today just before the fell. Now, the Western Civilization, which were freed from these demonic practices, are falling back under their spell via our stupid actions. Abortion, homosexual marriage etc. God is about to send Jesus back to wipe this crud off the face of the earth.

    3. Sorry Dennis McIntyre, when you make just one statement about the 100,000 deaths caused by fentanyl coming across the southern border I may began to take you seriously. Your political position means more to you than stoping the cartels killing of 100,000 American people per year. Are you really under the illusion that if guns are made illegal that the nut cases of the world will stop killing people? Do you really think that guns would disappear from the hood? It’s really all just about your politics. If you really cared about people dying you would be loudly calling for control of the southern border. You really couldn’t care less. You just continue to mouth the party line. It’s all that’s important to you.

      1. Just like drugs(fentanyl) when made illegal DEFINITELY aren’t killing Americans, am i right? Those people think that you wave a magic wand and suddenly gun accidents drop to 0 and everyone is happy, crime is gone. Maybe in their dreams.

    4. Wow ! I am an ex-nypd cop and left for more money yet have arrested hundreds and am still called to testify in court. I cannot carry in NYC. I see bad guys with guns and nobody stops them. Seems out of balance.

    5. So, all of your fears, every last one, is just assumptions stacked on even dumber assumptions, YOU sir, are a lawyer in the same manner that I am the Ghost Rider.

    6. A typical libtard specious assertion. Concealed carry in establishments that serve alcohol is already prohibited in most states. So your discomfort is just more leftist sophistry and beyond annoying and stupid.

    7. Your straw man argument is asinine. Aside from that, can business owners ban blacks or gays or even refuse them service? These “private places” that are licensed for commercial activities by the state are not the same as a home.

      As to the rest of your rambling I stopped reading since you clearly lack knowledge, critical thinking or discernment.

      1. Laws that nullify and amend the Constitution are unconstitutional and must be, and must have been, struck down by the Supreme Court, the Justices of which have sworn an oath to support fundamental law.

        Everything “Crazy Abe” Lincoln did was unconstitutional, beginning with his denial of fully constitutional secession, his declaration of war, his opening of hostilities, and his wildly unconstitutional imposition of martial law, and “Crazy Abe” must have been immediately impeached and removed from office, lest the Congress and Senate themselves chose an illegal and unconstitutional course, becoming direct and mortal enemies of the Constitution, requiring the very forms of resolution employed by the Founders.

        Roger Taney proved that fact and valiantly attempted to strike down at least one of “Crazy Abe’s” illegal acts.

        To wit,

        “The clause in the Constitution which authorizes the suspension of the privilege of the writ of habeas corpus is in the ninth section of the first article. This article is devoted to the Legislative Department of the United States, and has not the slightest reference to the Executive Department.”

        “I can see no ground whatever for supposing that the President in any emergency or in any state of things can authorize the suspension of the privilege of the writ of habeas corpus, or arrest a citizen except in aid of the judicial power.”

        “I have exercised all the power which the Constitution and laws confer on me, but that power has been resisted by a force too strong for me to overcome.”

        – Chief Justice Roger B. Taney, May 28, 1861

        1. “Everything “Crazy Abe” Lincoln did was unconstitutional”

          George, I do not wish you to face an apoplectic event, so up front, I hope you understand that there are merits to both sides of the argument though I believe Lincoln’s were superior.

          The nation started with The Articles of Confederation, a weaker union than the Constitution. It is evident the adoption of the Constitution sought to enhance the federal government at the expense of the states. Therefore in many of your discussions, you are not supporting the Constitution but criticizing its adoption.

          Secession is an important idea and logical under the Articles of Confederation, but not so much under the Constitution.

          Madison discussed the idea of secession, and I think the following two sentences he wrote help to place things in their rightful place.

          “A rightful secession requires the consent of the others”

          “the right of secession for intolerable oppression is another name only for revolution.”

          Lincoln wasn’t crazy. It sounds like you prefer the Articles of Confederation.

          Another complaint of yours is Lincoln’s suspension of the writ of Habeas Corpus.

          Let us look at the Constitution: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

          I think that answers the question, except you might counter with another question, who has the right to make that decision, the President or Congress?

          That is a valid question, again providing an argument for both sides, but I think Lincoln wins. However, the need and magnitude of Lincoln’s actions remain a question in my mind. Future events have demonstrated that it is easy for the government to grab power, but it is harder to make the government let it go.

    8. Not a single one of your arguments are new. Or valid. Almost every state in the US has had shall issue concealed carry for a long time. Over half the states have moved to Constitutional carry. Without any problems. New York isn’t special. New Yorkers can handle the same 2nd amendment rights Montanans have

      1. Laws the nullify the Constitution are unconstitutional.

        That’s a problem.

        All such laws must be struck down by the Supreme Court or that very body is in violation of the Constitution which requires its members to swear an oath to support the literal Constitution.

        “Crazy Abe” Lincoln taught Americans to violate and disobey statutory law and fundamental law.

    9. If you are a bar owner in Buffalo you can have whatever gun rules you want for your bar.

      Further NY likely could pass a law that restricted guns in Bars.

      This nonsense keeps getting struck down because NY in particular but left wing nuts in general, do not grasp that they can not prevent the existance of guns through the back door.

      Owning a gun is a right. There fore gun permits are “shall issue”, not “may issue” – i.e. they must be issued – except rare instances that do not violate strict scrutiny – red flag laws, law banning guns in government buildings.

      You left wing nuts demand that abortion must be a right, yet an explicit right in the constitution, you want to ignore.

    10. What happened to the rights of property owners ?

      Owners of bars and homes can restrict guns or speech on their property.
      But the government can not.

    11. What is Christian Afraid of ? Really ?
      With violent crime rates skyrocketing you need to ask ?

      There was just a mass killing by a bisexual at a gay bar – to bad no one at the bar had a gun.

    12. Turley got this right – and your did not even bother to read Turley’s post.

      NY banned by default guns on private property. That is outside the states power with respect to an actual right.

      Property owners – including bar owners are free to ban guns on their property.
      It is even likely that NY can pass a law that bans carrying a gun into a Bar on the basis that alcohol is served.
      But NY can not ban guns on all private property by default.

      Nor can NY criminalize mere gun possession.

    13. “Now, if I am a bar owner in Buffalo I have to permit any “Billy the Kid” wannabee to come in to my establishment with his Glock on his hip and load up on Jack Daniels. That is a scenario I would find very “uncomfortable”.”

      You leftist Karen’s are just idiots. No ability to read and comprehend. Property owners can ban guns. What the unconstitutional NY law did, was make it a crime.

      Your whole rant is meaningless because you are just a knee jerk leftist, intent on stripping people of the rights…and criminalizing simple possession.

    14. “Christian can go into any bar in NY packing his sidearm.”

      Assuming that the property owner permits customers with a gun.

      Why do you feel the need to so consistently misrepresent the facts of a case? You wouldn’t be peddling, would you, unwarranted fears, as a rationalization to usurp rights?

    15. “That is a scenario I would find very ‘uncomfortable’.”

      While grocery shopping recently, I found myself standing next to a nice looking young couple. The man had a gun on his hip.

      I instantly felt safer. My first thought was: I’m shopping with them. My second was: Good for him. He cares about his life and his wife’s life.

      The anti-2A types do not want you to feel safer. And they do not want you to protect that which you cherish — your own life and the lives of your loved ones.

    16. You have no understanding of what the lawsuit is challenging. The governor tried to de facto make all private property off limits to concealed carry owners. That is unconstitutional. However, individual property owners can choose to not allow private citizens to carry CCW on their property by posting signage at the entrances to the establishment.

      1. Private property owners – including businesses can as they have always been allowed, address guns however they wish.

        As you note they can post signs.
        But they need not.
        They can tell you to leave when they find you have a gun.
        They can have posted rules, or unposted rules, or rules for a day, or rules only for specific people.

        The defintion of private proporty is property that is controlled by its owner – not government.
        That control can be based on rigid public rules or whims of the moment.

        If you come to my home, my store, my office – I can tell you no guns are allowed. Or no republicans. Or no shorts.
        And I can change my mind tomorow, or for the next person through the door.

  6. America has never had a shortage of evil actors.
    Gun control gives them all the help they need.
    From the very first laws abridging our right to keep and bear arms, crime went through the roof, and stayed there.
    Must be some political benefit to the immoral victimizing the moral.

  7. Address mental illness as it is a common thread in mass shootings. Much of gun violence, the greatest majority, comes from drug gangs.

    Enforce the laws on the books and put violent offenders behind bars. If they brandish a gun in a crime, increase the penalty.

    Evil is on the rise in this dark era of history.

    A good source of raw data is “The Violence Project.”

    1. Family, friends, colleagues, neighbors et al. know and have full knowledge of these skewed people and their potential for violence.

      They bear some responsibility.

    2. The mass shooters though have something else in common. They are all left of center.
      Here is a partial list:John Willkes Booth:Lincoln
      Lee Harvey Oswald; JFK
      James Earl Ray; MLK
      Sirhan Sirhan; RFK
      Ted Kaczyinski Una Bomber
      John Hinckley; Attempt Reagan
      Jared Lougher Attempt
      Charles Manson; Sharon Tate
      Nadal Hasa;, Fort Hood shooter
      James Holmes,
      Christopher Dorner,
      David Berkowitz Son of Sam
      Alferd Packer Colorado Cannibal
      Jeffrey Dahmer Loved Gay Guys
      John Allen Muhamad DC Beltway Shooter
      Lee Boyd Malvo DC Beltway Shooter
      Colon Ferguson Long Island R.R.
      Willy Horton Gov Dukakis nemesis
      Ismaaiyl Brinsley; Two NYC Police Officers
      Adam Lanza; Sandy Hook
      Nicholas Cruz; Marjory Stoneham
      Syed Rizwan Farook and Tashfeen Malik; San Bernadino Community Center

      The recent ones all can be included

    Sorry SCUM! PURE SCUM!! Democrats Lose Again!!!!!!! And Again!!!! And again!! And there going to keep on losing because our beloved founders was soooooooo much smarter, than they could ever be!!!!! Because they are dirt they are Girby anybody votes for one is garbage!!!!

  9. Two mass shootings in the last five days but Turley is dissing gun restrictions.

    It’s like last week Turley kept praising Elon Musk while Titter’s stock took a dive after hundreds of employees quit on top of mass lay-offs.

    It makes us wonder if Turley is now totally divorced from mainstream media.

    1. 100,000 deaths in the U.S. by knives, hands, fists, feet, clubs, hammers, narcotics, fire, etc., annually.

      Ban knives, hands, fists, feet, clubs, hammers, narcotics, fire, etc.

      1. Yes, bladed instruments are the weapon of both choice and Choice to commit injury and homicides, respectively. But a minority report by the Anticiv[il rights proponents who dream of denying human rights and aiding and abetting democratic “heroes” and criminal actors is the epitome of wielding the double-edged scalpel. #HateLovesAbortion

    2. Why would the professor discuss this particular topic?
      Because it is about the Constitution, and the 2ndA.
      Things that are of interest to the professor, and some of us.

      Okay, so Twitters stock is down. So is Disney, and Facebook’s stock. Amazon is laying off 10,000 employees.
      Someone made the interesting observation that despite all the employees quitting and the lay offs, for the most part, it has not really impact the day to day functioning of Twitter.
      Also, Musk is actively working to shutdown child porn and sex trafficking on Twitter. Sorry, I do not recall her name, but a anti-sex trafficking activist noted this.
      That is something everyone should applaud and get behind.
      Unfortunately due to our open southern border, drug cartels are making money hand over fist with the human trafficking and even sex trafficking business.

    3. A double-edged scalpel, SUV, uh… cocktail, mobbing vehicles, neighborhood incursions, nationwide insurrections, and equitable and inclusive senior care facilities (planned parent/hood), Mengele mandates and practice restrictions, and you may have a fetus… Fetal-Baby to hang your hat on. In the meantime, the issue is not dreams of a minority report, of Diversity (e.g. racism), Inequity, and Exclusion(DIE) doctrine, not even of “burden” relief, but of prosecutorial discretion under the State-established Pro-Choice ethical religion that sanctions both victim classes and offers safe sanctuary to criminal actors that reap brayers through the press, political, and prejudicial classes.

    4. It doesn’t matter if there were mass shootings every day of the week in every state. Turley isn’t “dissing” gun restrictions or gun rights. He’s reporting the legal and sterile (not emotional as you apparently would like) consequences of poorly written laws.
      I suspect Turley doesn’t give a whit about guns, the NRA, etc. He reports on legal issues.

    5. So his stock took a dive. Tiny price to pay to secure a level playing field for everyone. And Conservatives, are now laughing 😆 LAUGHING at all the hysterics out of the left. Thank you, Elon Musk for restoring sanity to Twitter. Thank you Elon Musk,
      for balancing the scales, Of, “JUSTICE!!!.”


    6. Anonymous, 100,000 deaths per year by fentanyl use. Do you give a damn about an open border where the fentanyl comes from. Not even a peep from you ever about these deaths. You’ll have to excuse me if I don’t accept your sanctimony. Your politics dictate your concerns not your sympathy.

    7. Kindly speak only for yourself. In the future, omit the word “us”.

      However, speaking for MYSELF, I would welcome Turley’s divorce from propaganda media.

    8. Your response is a non sequitur, but is expected from the Left.

      As for Musk, at least one analyst has estimated that the employee reductions by Musk will result in a massive turnaround in Twitter’s profitability.

    9. Two mass shootings in the last five days but Turley is dissing gun restrictions.

      Wow! you’re dense

      Turley is dissing stupid Democrats that can’t figure out the simple constitution. Turley is dissing Democrats that claim to be wanting to limit guns, but have only succeeded in creating a body of precedent that only supports a persons right to keep and bear arms.

    10. “Two mass shootings in the last five days but Turley is dissing gun restrictions.”

      Sure. Because someone who desire to murder en masse will be stopped by a piddly gun law.

      Do you anti-2A types ever consider the absurdity of your arguments?

  10. “It’s the [Supreme Court], stupid!”

    – James Carville

    “Unconstitutional laws” must have been struck down immediately and contemporaneously over the past 220, and certainly, the past 150 years under the sworn-oath duty of Justices to support the Constitution, and the doctrine of Judicial Review .

    The Supreme Court correctly struck down wholly unconstitutional Roe v. Wade after 50 years of negligence, as it waited for a “case.”

    There was no need; there was only persistent and corrupt support for a high-criminal, corrupt and irrefutably unconstitutional “decision.”

    The has been no requirement for the Supreme Court to hesitate since Marbury v. Madison, 1803, which was certified more recently by the Justice Dept.

    To wit,

    “Judicial Review in the United States”

    “The legitimacy of judicial review and the judge’s approach to judicial review are discussed.”


    “The doctrine of judicial review holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government.”

    – DOJ, Office of Justice Programs

    The singular American failure has been and continues to be the Supreme Court.


      “The clause in the Constitution which authorizes the suspension of the privilege of the writ of habeas corpus is in the ninth section of the first article. This article is devoted to the Legislative Department of the United States, and has not the slightest reference to the Executive Department.”

      “I can see no ground whatever for supposing that the President in any emergency or in any state of things can authorize the suspension of the privilege of the writ of habeas corpus, or arrest a citizen except in aid of the judicial power.”

      “I have exercised all the power which the Constitution and laws confer on me, but that power has been resisted by a force too strong for me to overcome.”

      – Chief Justice Roger B. Taney, May 28, 1861

  11. The Political Lefts ideology is creating the greatest threat to our nation. This is just one issue where they challenged the Constitutional Authority of the United States.
    John Jay in Federalist No. 2 quoting in part “They who promote the idea of substituting a number of distinct confederacies in the room of the plan of the convention, seem clearly to foresee that the rejection of it would put the continuance of the union in the utmost jeopardy: that certainly would be the case; and I sincerely wish that it may e as clearly forseen by every good citizen, that whenever the dissolution of the union arrives, America will have reason to exclaim in the words of the Poet, “FAREWELL! A LONG FAREWELL, TO ALL MY GREATNESS.”
    The Left is trying to put their individual Confederacy ahead of the Union, writing laws usurping their constitutional authority
    The Left is driving division, lawlessness, selfishness and a slew of other negative actions, and above all the silliness of WOKE.

    1. “ The Left is driving division, lawlessness, selfishness and a slew of other negative actions, and above all the silliness of WOKE.”

      The silliness you say? The silliness??? I say it’s far beyond that!! I say it is without a doubt!! dangerous!!! flat out dangerous that they are!!! The Democrat party is without a doubt the most dangerous party in America!! everything they have accused the Republican party of, it’s them, Them that are!! this party without it out needs to be stripped of its charter and banished. And the party leaders locked up in prison. Forevermore.

      1. Very well put “INDEED”.

        I previously wrote sometime back, a few thoughts about what WOKE is?

        We had the Age of Aquarius, Enlightenment, and Renaissance among others and now it seems we are in the Age of Woke. Woke could be defined as a naïve dewy-eyed liberal infestation, lacking in sophistication, education, historical knowledge and basis decency, professing theirs is the utopian pathway forward. ‘BUT’ dissenting views are not allowed and do have consequences.

        ‘Ultra Democrats’ [as in fanatical] and their ‘Brigade of Woke’, squander wealth, limits resources, deny freedom of expression, and are tyrannical towards those opposing their utopian view. ‘Ultra Democrats’ and their ‘Brigade of Woke’ must be served up to the altar of defeat.

        We must eradicate this infestation and its assault on the Constitution. Some consolation comes that this age will also pass, and my hope is this age is short lived.

  12. I’m thinking about starting a new non-profit organization that will provide guns for Grandmothers who have to ride the New York subway. Along with the gun a human waste pooper scooper and a Hazmat bag for the needles will be provided. I will also petition the city to put up don’t feed the animals signage. I fear that my recommendations will not be implemented due to the expense incurred by the Governors never ending gun legislation. So sad. Poor Grandma will just have to provide her own funds to pay for her body bag. Only blue bags will be available.

  13. Just remembering the old movies “Escape From New York” and “Escape From LA”. Almost seems prophetic in so many ways. I just don’t see any Snake Plissken in our future to save the day.

    1. GEB,
      That is an interesting thought.
      Snake Plissken embodies liberty as seen in both movies, more so the end scene of Escape From LA.
      In both movies the government, surveillance state, would be the end state if the leftists were to succeed in their agenda.

      Another John Carpenter film that could be a comparison is They Live.

        1. As Economic Recessions & Depressions unfold one of the 1st signs is that people can no longer afford to feed their pets.

          Dogs & people are much alike, when either get hungry enough they’re going to try to eat, whatever they can find.

          I seen this local story below a few days ago. USA Cannibalism a few months/years away?

          Because of the damage to Tammy’s right leg, she made the decision to amputate it.

          “There was nothing left of her leg but one tendon, one artery, and one nerve,” said Garner. “Everything else was gone. There was no saving it.”

          Garner says it’s become common for dogs to run loose in this neighborhood and hopes people will see what happened to Tammy and be more careful.

          “When I went up to the store two days ago, there was three pits, running together, no owners, no leashes, nothing,” said Garner. “Who owns these dogs? Why are they allowed to run free in this neighborhood? Because if they’re hungry, they’re going to do what these dogs did.”

          She says she never expected this to happen to Copeland.


          1. Wow. looks good. Never heard of it but may look for it. Im the worst person when it comes to “recent” (1980s forward) cultural trends.

            So where do you buy your firewood, or do you have your own forrest or trees to cut?
            I looked for firewood on Craigslist this past weekend: all shifty, scammy types. CL has gone to the dogs. Send firewood!


            1. Estovir,
              Currently we have a guy we buy from.
              We have our own stand, but rather take wood off someone else’s stand and save ours if prices get really high or if . . .
              Would send it to ya, but the price of gas is flirting with $4 a gallon . . . again.

    2. GEB,
      Each and everyone of us has a little, “Call me Snake,” in them.
      Just gotta dig down and find it! 😉

      I was thinking about watching the 2009 AMC version of The Prisoner, but I just might save that for tomorrow and watch Escape From NY tonight.

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