Not Really A Second Amendment Case, But…

The Supreme Court has declined to take up a case brought to it by a Missouri GOP Senate candidate and his wife, seeking review of the disciplinary action they faced, as lawyers, for pointing guns at racial justice protesters outside their St. Louis home https://t.co/F06L2w4rN1

— CNN (@CNN) June 6, 2022

Points, I guess, for trying to make it one?

Mark and Patricia McCloskey faced disciplinary action from the Missouri Supreme Court earlier last year, after they pleaded guilty to misdemeanors (later pardoned by the governor) related to the June 2020 incident. The Missouri Supreme Court had found their conduct to have amounted to "moral turpitude" deserving of professional legal sanction.

In a petition submitted to the US Supreme Court last month, the McCloskeys argued that their conduct was protected by the Second Amendment and therefore could not be deemed the type of "moral turpitude" warranting disciplinary action.

Seems the 2nd Amendment is not nearly as absolute as they wanted it to be.

The whole thing was a farce because licensing attorneys is a state perogative, so long as the disciplinary action doesn't violate due process or equal protection or maybe, in a very specific case, the 1st Amendment (such as suspending or revoking a license on clearly political grounds, though I suspect any lawyer accused of being a "commie symp" 60-70 years ago was probably toast). The 2nd really just doesn't have the reach of the 1st.  Waving guns at people is dangerous; espousing political opinions is more deserving of protection.

But it is interesting that the Court declined to use the 2nd Amendment as protection against professional sanctions of lawyers.  The "self-defense" defense is implicated here, too.  If you remember, this couple stood on the lawn of their house waving guns (presumably loaded) at people passing by on the street on the way to a protest.  The McCloskey's alleged they feared for their lives.  No protestor so much as set foot on their lawn, but still.

Turns out there is no 2nd Amendment right to bear arms against people walking down your street.  Which is something; I guess.