J. Thomas dissents from denial of cert in Silvester v. Becerra, which "California’s 10-day waiting period for firearms." CT writes "the Second Amendment is a disfavored right in this Court."
supremecourt.gov/orders/courtor…
supremecourt.gov/orders/courtor…
J. Thomas made a similar point in a Dec. 2015 dissent-from-denial of cert. nationalreview.com/2015/12/second… There, J. Scalia joined him. Here, J. Thomas writes alone.
J. Thomas also praises Judges Batchelder (CA6), Elrod (CA5), and Kavanaugh (CADC) who disagree that 2nd Amendment claims should be evaluated under intermediate scrutiny. 
J. Thomas pointed out a key distinction between intermediate and rational basis scrutiny. The latter is not "subject to courtroom factfinding." The former is. And CA9 "barely mentioned" findings from 3-day trial. 
J. Thomas: "As I have previously explained, the lower courts are resisting this Court’s decisions in Heller and McDonald and are failing to protect the Second Amendment to the same extent that they protect other constituional rights." A Judicial Resistance of a different kind. 
J. Thomas: "Our continued refusal to hear Second Amendment cases only enables this kind of defiance." Resistance. Defiance. Dangerous. At least someone is reading my work. #SCOTUS. 
J. Thomas also calls out 9th Circuit for "double standard" for favored rights concerning abortion, nude dancing, and SSM. In CA9, "rights that have no basis in the Constitution receive greater protection than the Second Amendment, which is enumerated in the text." 
J. Thomas: "I suspect that four Members of this Court would vote to review a 10-day waiting period for abortions . . . on the publication of racist speech . . . even a 10-minute delay of a traffic stop."
J. Thomas: "The Court would take these cases because abortion, speech, and the Fourth Amendment are three of its favored rights. The right to keep and bear arms is apparently this Court’s constitutional orphan." 
