(THU 6/23/22)
UPDATE -- The Senate has approved the bipartisan gun violence bill, 65-34. See "Gun regulation this week," below.
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SCOTUS expands Second Amendment rights … The Supreme Court struck down, 6-3 (you know the split) a New York State gun law requiring “proper cause” for obtaining a concealed-carry gun permit. The court ruled that the law prevents “law-abiding citizens with ordinary self-defense needs from exercising Second Amendment rights to keep and bear arms in public for self-defense,” SCOTUSblog’s Amy Howe writes.
Justice Clarence Thomas wrote for the majority that the Constitution protects “an individual’s right to carry a handgun for defense outside the home,” according to the AP, which notes the decision is expected to allow more people to carry guns in New York City, Los Angeles, Boston, and other major cities.
The New York State law has been on the books since 1913. California, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island each have similar laws likely to be challenged as a result of the SCOTUS ruling, AP says. New Jersey’s acting attorney general, Matthew Platkin, told NPR’s Morning Edition prior to the ruling announcement that his state’s law is consistent with the Second Amendment, and that New Jersey has one of the lowest gun violence rates in the country.
“What works in Wyoming doesn’t necessarily work in the densest state in the country,” Platkin said of open carry laws.
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1/6 Committee Hearing V today … The House Select Committee investigating the January 6 Capitol insurrection holds its last hearing of the month at 1 p.m. Eastern Thursday. The committee will delay two more hearings initially scheduled for next week “to sometime in July,” says Chairman Bennie Thompson (D-MS). This gives the panel time to study new evidence: Documentary film footage taken by filmmaker Alex Holder, who had access to then-President Trump, his family members and associates before the insurrection.
Meanwhile: As Donald J. Trump continues to complain “there is no one to defend me” in the hearings, per Roll Call, House Minority Leader Kevin McCarthy openly ignores the 1/6 panel hearings after refusing to have pro-Trump representation on the committee. This continues to widen the rift between Trump and McCarthy, jeopardizing McCarthy’s prospects for becoming House Speaker if/when Republicans win a majority of the House this November, The Washington Post reports.
Next week: The July 4 holiday recess begins and Meanwhile will be on a reduced posting schedule. We do expect major Supreme Court decisions, including the court’s ruling on whether it will overturn Roe v. Wade.
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Can’t touch the gas tax … The 18.4 cents per-gallon federal gas tax has been untouchable since Congress raised it to that level in 1993. Over the years there has been some talk, primarily from Democrats, of raising the federal tax – which is 24.4 cents per-gallon for diesel fuel – particularly when oil prices were very low as a measure to wean the nation off fossil fuels and from dependence on foreign oil. Such proposals never went anywhere.
Now President Biden has called for a 90-day moratorium on the federal gas/diesel tax to ease prices at the pump for American consumers, particularly during the summer vacation season. Like those proposals for tax rate increases, Biden’s initiative is going nowhere, with Republicans on Capitol Hill arguing the White House should ease drilling restrictions instead – which would affect the global supply, but even then not for at least a few years.
Some Democrats also are opposed. Saving 18 cents on $5 per-gallon gas isn’t the same as saving 18 cents on $2 per-gallon gas, and anyway, there is no way to assure that oil companies won’t pocket the extra cash as a windfall profit.
Meanwhile: Energy Secretary Jennifer Granholm meets today with Big Oil, including BP and Chevron, to discuss refining capacity, Roll Call reports. But just as with easing drilling rights, expanding refining capacity would not have any immediate effect on gas/diesel prices the way a federal gas tax holiday might.
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Gun regulation this week … The Senate passed a procedural hurdle to gun regulation Wednesday, 63-14, including 14 Republicans, indicating full passage is imminent, according to the New York Post. Majority Leader Chuck Schumer (D-NY) plans to bring the legislation to the Senate floor before the end of the week.
Touted as the most significant gun legislation since the 10-year assault rifle ban of 1994, it is not close to that. The bill would provide federal funds for state mental health programs and to implement “red flag” laws, expand background checks on those under 21 for assault rifles, increase penalties for “straw purchases” and close the “boyfriend” loophole – the latter the sticking point earlier in bipartisan negotiations.
Note: The NRA, which does not support the legislation, will help its member gunmakers sell more weapons off fears it’s just the beginning of violations of the Second Amendment.
--Todd Lassa