Brett Kavanaugh’s confirmation battle was one of the ugliest political fights many Americans can remember.
But now that Kavanaugh sits on the Supreme Court, he thought he had allies he could count on.
However, Brett Kavanaugh was handed the surprise of his life by this shocking individual.
The Supreme Court handed down its decision on U.S. v. Davis where a criminal defendant challenged his conviction of using a firearm in the commission of a crime.
Maurice Davis and Andrew Glover were facing 40 to 50 years in prison after prosecutors convicted them on charges of robbing gas stations using a heightened penalty law because they used a short-barreled shotgun in the commission of these crimes.
In a 5 to 4 decision, Justice Neil Gorsuch joined the court’s four liberal judges in striking down the federal law that prosecutors use to punish firearms owners as unconstitutional.
Justice Gorsuch cited the statute’s vagueness as to why he arrived at this conclusion.
“Only the people’s elected representatives in Congress have the power to write new federal criminal laws,” Gorsuch argued.
“And when Congress exercises that power, it has to write statutes that give ordinary people fair warning about what the law demands of them.”
“Vague laws transgress both of those constitutional requirements,” Justice Gorsuch continued.
“They hand off the legislature’s responsibility for defining criminal behavior to unelected prosecutors and judges, and they leave people with no sure way to know what consequences will attach to their conduct.”
Justice Kavanaugh and the court’s three other conservative Justices – Alito, Roberts, and Thomas – disagreed.
Kavanaugh struck a supposedly law-and-order pose when he claimed the victory for criminal defendants would undermine public safety.
“The Court’s decision will thwart Congress’ law enforcement policies, destabilize the criminal justice system, and undermine safety in American communities,” Kavanaugh claimed.
Contrary to Gorsuch’s majority opinion, Kavanaugh claimed that Congress’s intent when drafting the statute was clear.
“If you commit a crime with a gun, you’re going away for a long time,” Kavanaugh added. “That was Congress’s obvious intent.”
“I’m not seeing the notice problem, given that that has been crystal-clear since 1986 for everyone in this country,” Kavanaugh continued.
Many conservatives sided with Gorsuch and disagreed strongly with Kavanaugh’s position.
Left-wing prosecutors could use the law to persecute gun owners and charge them with more serious crimes in an attack on gun rights.
Gorsuch also carried on the tradition of Antonin Scalia in this case.
Scalia would often side with criminal suspects in rejecting government attacks on the Fourth Amendment.
While Gorsuch sided with the four liberal Justices, he still upheld his conservative principles.
And it is true that some conservatives will side with Kavanaugh in this argument.
They claim this case was not a straight up or down vote on the Second Amendment.
But liberal prosecutors and gun-grabbers often use sneak attacks to gut the right to keep and bear arms.
And Justice Gorsuch removed one such avenue to attack a fundamental right.
American Patriot Daily will keep you up to date on any new developments in this ongoing story.