A fascinating exchange in today’s Supreme Court arguments over New York’s concealed carry restrictions. Justice Kagan asks Paul Clement whether the state could ban concealed carry on the subway and university campuses, or at stadiums and large protests. He refuses to answer.
In a colloquy with New York’s solicitor general, Justice Alito expresses empathy for working class New Yorkers forced to brave the city’s allegedly crime-infested subways on the way home from work, asking: Don’t they need to carry concealed guns to protect themselves?
Justice Alito suggests that New York’s concealed carry restriction was passed with the intent to discriminate against racial minorities, Italians, and members of labor unions. If you are familiar with Alito’s jurisprudence on unions and racism, you will understand the irony here.
The Supreme Court is going to force New York (and every other state) to issue concealed carry permits to any law-abiding citizen who requests one. The only real question is whether the majority uses broad language that calls other gun restrictions into question. I think it will.
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