A federal court has again ruled against that pathetic piece of political pandering known as Missouri鈥檚 Second Amendment Preservation Act. A three-judge panel of the U.S. Eighth Circuit Court of Appeals on Monday found that the law, which effectively presumes to nullify certain federal gun laws within Missouri鈥檚 borders, violates the U.S. Constitution鈥檚 supremacy clause.
鈥淎 State cannot invalidate federal law to itself,鈥 wrote the court 鈥 a statement so staggeringly obvious that every Missourian should feel embarrassed for their state鈥檚 Republican political leaders for wasting the court system鈥檚 time with this bad-faith carnival barker of a statute.
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Alas, when it comes to performative lawmaking for the right-wing fringe, those leaders know no shame. It is a virtual foregone conclusion they will keep this zombie law shuffling along through the appeals process at least until the Nov. 5 election. In a just world, the voters would punish them harshly for it.
The 2021 law declares that certain types of federal firearms laws 鈥渟hall not be recognized by this state.鈥 It empowers any citizen who believes a local police agency has enforced a federal law that infringes on 鈥渢he right to keep and bear arms鈥 to sue for up to $50,000.
That enforcement provision has been on hold by the courts pending the continuing litigation by the U.S. Department of Justice.
But just the threat of a large fine for any local law enforcement that gives 鈥渕aterial aid and support鈥 to federal firearms law enforcement has hampered joint local-federal crime fighting coordination.
According to the DOJ鈥檚 court filings, at least a dozen Missouri law enforcement officers pulled out of federal task forces shortly after the law was passed, for fear of violating it. In at least one case, the agency says, a Missouri State Highway Patrol trooper released a federal fugitive rather to avoid that risk.
So much for Missouri Republicans being the 鈥渓aw-and-order鈥 party.
Not only has this law made Missouri less safe, but it so blatantly violates a founding American principle that any elected officials who support it make a mockery of their oath to the U.S. Constitution.
That document is unambiguous regarding the supremacy of federal law over state laws. When the two are in conflict, federal law prevails. Period. The last serious challenge to that principle was settled with a little skirmish called the American Civil War.
Gov. Mike Parson presumably knows that much about U.S. history. And Missouri Attorney General Andrew Bailey reportedly holds a law degree.
Yet they and the rest of the Republicans who control Missouri show no signs of backing off from defending an absurd statute that has now been summarily slapped down twice in federal court 鈥 three times if you count the U.S. Supreme Court鈥檚 early refusal to let the law go into effect while the litigation plays out 鈥 with no rational path toward having it upheld.
They are, in essence, continuing to throw Missouri tax money at a cause that is both unconstitutional on its face and dangerous to regular Missourians whose safety relies on cooperation between local and federal law enforcement. And they鈥檙e doing it for their own political standing.
Conventional wisdom says none of them will pay a political price in the coming election for this governmental malpractice. That鈥檚 the reality of a deeply polarized state in the grip of a radical GOP with an entrenched, gerrymandered legislative supermajority.
Until voters look past the letters next to candidates鈥 names and truly consider what kind of representation they鈥檙e getting (and not getting) for their votes, they will continue to live under political performance art posturing as leadership.