Ross: Applying the Texas approach to gun control

Nov 3, 2021, 7:39 AM | Updated: 10:24 am
Texas abortion, Supreme Court...
Security barricades stand outside the U.S. Supreme Court on Nov. 1, 2021, in Washington, DC. The Supreme Court is hearing arguments in a challenge to the controversial Texas abortion law which bans abortions after six weeks. (Photo by Drew Angerer/Getty Images)
(Photo by Drew Angerer/Getty Images)

After Texas passed that crowdsourced anti-abortion law, and the Supreme Court declined to interfere, there were predictions that blue states would use the same ruse to outflank other constitutional protections – like the Second Amendment.

For example: Since Texas allows any citizen to sue anybody who helps procure an abortion and guarantees a $10,000 reward if they win, why couldn’t other states, in an effort to protect innocent life, allow citizens to file suit against gun sellers – and up the ante to a MILLION dollars if you catch a store selling a semi-automatic weapon?

I figured no way THAT will even happen.

And then, as I was listening to last week’s oral arguments before the Supreme Court on the Texas abortion law, what should come up but GUN SALES!

Justice Brett Kavanaugh wanted to know if a state applied the Texas approach to overturn the Second Amendment, could it be challenged? And he gave an example to Texas Solicitor General Judd Stone — suppose a state used this technique to ban assault-style rifles?

“Everyone who sells an AR-15 is liable for a million dollars to any citizen,” Kavanaugh proposed. “Would that kind of law be exempt from pre-enforcement review in federal court?”

Stone replied: “My answers on whether or not federal court review is available does not turn on the nature of the right, so we can put in religious liberties –”

“So we can assume that this will be across the board equally applicable to all constitutional rights?” Kavanaugh asked.

“Yes, but I’d add one more point, your Honor,” Stone said.

“You’ve also said that the amount of the penalty doesn’t matter — a million dollars per sale,” Kavanaugh continued. “Anyone, a state passed the law, anyone who declines to provide a good or service for use in a same-sex marriage, a million dollars. A suit by anyone in the state, that’s exempt from pre-enforcement review?”

Stone replied yes.

And notice – Justice Kavanaugh also expanded the example to include a state that might want to subject bakeries to Texas-style unlimited individual lawsuits for refusing to cater gay weddings.

How many blue states who never thought they’d be saying it are right now saying, “Thank you, Texas!”

The court, as usual, will take months to decide the Texas case, but while we wait, it’s pretty clear, since the Supreme Court has declined to take any immediate action, that the idea of crowdsourced gun control just got the green light from a conservative justice appointed by former President Donald Trump.

And to think liberals tried to keep him off the court! Lesson learned.

Listen to Seattle’s Morning News weekday mornings from 5 – 9 a.m. on KIRO Radio, 97.3 FM. Subscribe to the podcast here.

Dave Ross on KIRO Newsradio 97.3 FM
  • listen to dave rossTune in to KIRO Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.

Dave's Commentary

Dave Ross

Dave Ross

Ross: Those who don’t learn history are doomed to accept whatever they are told

Zinn’s book failed to shake my patriotism, any more than visiting Cuba or the Soviet Union. I still see America as a unique experiment worth protecting.
1 day ago
Dave Ross

Ross: Metaverse already has its problems, from monetization to groping

2D social media isn’t immersive enough, so now we’re going to strap a fat cell phone over our eyes to join a lawless 3D cartoon universe?
2 days ago
Dave Ross

Ross: Physicist says time travel is impossible … but can’t make an absolute promise

I wanted to highlight part of an interview with a physicist about time travel since it appears mainstream media didn't pick up on it.
3 days ago
Dave Ross

Ross: It’s either middle managers or robots looking over your shoulder

If you draw a paycheck, one way or another, your office is going to make sure you deserve it.
6 days ago
(Getty Images)...
Dave Ross

Ross: How Trump’s culture war reached the National Archives

I noticed that, as part of the tussle between Donald Trump and the National Archives over those presidential documents, Trump’s lawyers argued that the National Archives is a “highly-politicized agency” that has put “content warnings on the US Constitution.”
8 days ago
patagonia loophole...
Dave Ross

Ross: Is Patagonia’s sale to a non-profit shameless exploitation of a tax loophole?

Recently the owner of Patagonia announced he would donate the company to a new non-profit organization to spend the profits on “social welfare.”
9 days ago

Sponsored Articles

Anacortes Christmas Tree...

Come one, come all! Food, Drink, and Coastal Christmas – Anacortes has it all!

Come celebrate Anacortes’ 11th annual Bier on the Pier! Bier on the Pier takes place on October 7th and 8th and features local ciders, food trucks and live music - not to mention the beautiful views of the Guemes Channel and backdrop of downtown Anacortes.
Swedish Cyberknife Treatment...

The revolutionary treatment of Swedish CyberKnife provides better quality of life for majority of patients

There are a wide variety of treatments options available for men with prostate cancer. One of the most technologically advanced treatment options in the Pacific Northwest is Stereotactic Body Radiation Therapy using the CyberKnife platform at Swedish Medical Center.
Work at Zum Services...

Seattle Public Schools announces three-year contract with Zum

Seattle Public Schools just announced a three-year contract with a brand-new company to the Pacific Northwest to assist with their student transportation: Zum.
Swedish Cyberknife 900x506...

June is Men’s Health Month: Here’s Why It’s Important To Speak About Your Health

According to the Centers for Disease Control and Prevention, men in the United States, on average, die five years earlier than women.

Anacortes – A Must Visit Summertime Destination

While Anacortes is certainly on the way to the San Juan Islands (SJI), it is not just a destination to get to the ferry… Anacortes is a destination in and of itself!

Ready for your 2022 Alaskan Adventure with Celebrity Cruises?

Celebrity Cruises SPONSORED — A round-trip Alaska cruise from Seattle is an amazing treat for you and a loved one. Not only are you able to see and explore some of the most incredible and visually appealing natural sights on the planet, but you’re also able to relax and re-energize while aboard a luxury cruise […]
Ross: Applying the Texas approach to gun control