Sweet Dreams, Liberty

Night in these Adriondack Mountains is sweet. Calm predictably descends as the sun drops early because the peaks are so high, and the blue twilight glow outlines the ridges. The magic hour of contemplation of all things lofty and possible. Followed by the hush.

I’m often tempted to walk along the paths in the woods at this hour, as the animals do their change-overs. A last scamper as chipmunks and black squirrel curl up in hollowed trees and logs. An arythmic flap of bat wings. A resounding swoosh as six feet of owl wing startles more than just me.

This night you and I share a rare intimacy, like that of walking in the woods at sunset. A rare evening, like B&B might taste a little later this week, on the first nights in the 40s, making the beginning of fall.

Tonight, we walk with Justices Alito and Thomas of the United States Supreme Court. I can see Thomas, perhaps through the window of his study at a Federalist Period home, thick drapes on tie-backs, a green frosted glass lamp shade - brass base - turned on upon his desk. His silhouette, fingertips of his hands touching, palms open. Our Emergency Application before him, which he’s just finished reading, along with having done a recap of our prior emergency submissions from last December 29 and January 6.

Alito, is in Dick van Dyke pajamas, his bedroom windows open to night air, his wife glad that he’s going to bed with her on her timing and that he’s not staying up too late. He’s wearing that little grin. He’ll sleep well, armed with the power that we’ve given him just by having filed our papers, because it gives him permission - responsibility! even - to walk down the hall in the morning, full stride of purpose, to see how many votes he has this time.

Tonight is Christmas Eve. Gazzola v. Hochul is the gold paper wrapped present beneath the Hallmark tree, and it’s complete with a Martha Stewart would be proud bow. Inside that box is Possibility. Is Hope. Is Belief. Is the very air shared by our Forefathers on the nights before ratification. Such heady days, wouldn’t you say, James?

Tonight, I’m too happy to go to sleep. We are ordinary Americans with an emergency motion before the U.S. Supreme Court. We asked them to let us walk past the line and seek a ruling to save our state from hostile take-over before midnight tomorrow. And, in the modern parlance of the times, the motion was electronically uploaded, was deemed correct as to form, and a webpage went public for Case 23-A230 with note to our prior 22-A622.

We may not win the stay. All hell may break lose on Wednesday. Sales of firearms and ammunition in New York may come to a screaming halt. But those who want to extinguish the Second Amendment cannot take from us this night of Liberty. A night that reminds us that all is not lost and all is possible and this? This is still James Madison’s land of promise.

Breathe deep, my friends. Take in everything that is good about your life, your family, your relationship with God. Rest, peacefully, your rifle, safety on, at the door, next to your well-worn boots. Between right now and whatever the ruling on this application may bring, that looming day of Wednesday along with it, imagine, remember, project what it means to be free, walking along that peaceful road in the wood, Liberty at your side and headed in the same direction.

Paloma Capanna

Attorney & Policy analyst with more than 30 years of experience in federal and state courtrooms, particularly on issues where the Second Amendment intersects with other civil rights.

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9.12.2023

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