Supreme Court 8-1 Order Denies Second Amendment Preservation Protections & Sets Up Critical Hearing!

Published on February 23, 2024
Duration: 10:38

The Supreme Court, in an 8-1 order, denied a stay that would have protected Missouri's HB85, the Second Amendment Preservation Act. This law restricts state agents from enforcing federal gun laws deemed inconsistent with the Second Amendment and allows for civil remedies against officials who assist in such enforcement. The 8th Circuit Court of Appeals has scheduled a critical hearing for February 23rd to address the constitutionality of HB85, with a panel including judges appointed by Presidents Bush and Obama.

Quick Summary

The Supreme Court denied a stay for Missouri's HB85, the Second Amendment Preservation Act, in an 8-1 order. This law restricts state agents from enforcing federal gun laws violating the 2A and allows civil remedies. The 8th Circuit will hold a critical hearing on February 23rd.

Chapters

  1. 00:00Supreme Court Denies 2A Stay for Missouri Law
  2. 00:26Channel Subscription Request
  3. 00:49Missouri 2A Preservation Act Overview
  4. 01:16Details of Missouri HB85
  5. 01:54Civil Remedy in HB85
  6. 02:05US Government Lawsuit Against Missouri
  7. 02:35Government's Interpretation of 2A
  8. 03:02HB85's Unique Enforcement Structure
  9. 03:56Comparison to Texas SB8
  10. 04:36Strategic Design of HB85
  11. 05:56Supreme Court's SB8 Ruling
  12. 06:21Missouri's Appeals and Supreme Court Stay Denial
  13. 07:17Supreme Court's 8-1 Order Details
  14. 08:488th Circuit Hearing Details
  15. 09:31Judicial Panel for the Hearing
  16. 10:00Concluding Remarks and Call to Action

Frequently Asked Questions

What is Missouri's HB85 and what does it do?

Missouri's HB85, the Second Amendment Preservation Act, passed in 2021, restricts state agents from enforcing federal gun laws deemed inconsistent with the Second Amendment. It also establishes a civil remedy allowing individuals to sue officials who assist in enforcing such federal laws.

What was the Supreme Court's decision regarding Missouri's HB85?

The Supreme Court issued an 8-1 order denying Missouri's application for a stay, meaning HB85 remains blocked from enforcement during ongoing litigation. Justice Thomas was the sole dissenter.

When is the next hearing for Missouri's HB85?

Following the Supreme Court's denial, the 8th Circuit Court of Appeals has reset an important hearing for Friday, February 23rd. The panel will include Judges Loken, Colloton, and Kelly.

How is Missouri's HB85 similar to Texas's SB8?

Both HB85 and Texas's SB8 are structured to make broad injunctive relief difficult. They achieve this by allowing only individual citizens to bring legal actions, rather than empowering state agencies to enforce the law, thus shielding the state from direct lawsuits.

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