Now that it looks increasingly unlikely that they’ll be able to use a majority in the U.S. Senate to pack the Supreme Court with anti-gun justices, Democrats like New Jersey Attorney General Gurbir Grewal are starting to make contingency plans for continuing to violate the constitutional rights of Americans. In the page of the New York Times Grewal and New Jersey Solicitor General Jeremy Feigenbaum have outlined their plan to bitterly cling to the state’s anti-gun regime: “progressive federalism.”
This is basically code for “fight any and all attempts to by the Courts to overturn constitutionally questionable laws.” First the pair argue that states need to quickly respond to Supreme Court decisions, and may even need to take pre-emptive action in the case of the Supreme Court overturning Democrat-built entitlement programs like Obamacare.
Secondly, Grewel and Feigenbaum say that their counterparts in other states should enforce their new laws even in the face of hostility towards federal courts. What happens if the state laws that the pair are championing would be struck down by the federal courts as well? On that both the AG and Solicitor General are silent.