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Rahimi: The Supreme Court’s big gun case was humiliating for the justices. (slate.com)

submitted 1 year ago by inclementimmigrant@lemmy.world to c/politics@lemmy.world

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Since Bruen, lower court judges applying its test have been, to use a legal term of art, all over the place, a fact repeatedly highlighted during oral arguments by Justice Ketanji Brown Jackson, who sought some, any, guidance on how the court should understand its own ruling. Again, lower courts are equally confused. One court, for example, decided that Florida’s ban on the sale of guns to 18-to-20-year-olds passed constitutional muster; another concluded that a federal law disarming people convicted of certain crimes perhaps did not.

A few judges have publicly aired their frustrations with the sudden analytical primacy of law-office history. “We are not experts in what white, wealthy, and male property owners thought about firearms regulation in 1791,” wrote one in 2022. “Yet we are now expected to play historian in the name of constitutional adjudication.” Another castigated the court for creating a game of “historical Where’s Waldo” that entails “mountains of work for district courts that must now deal with Bruen-related arguments in nearly every criminal case in which a firearm is found.”

Just goes to show how shitty, stupid, and partisan this Trump Supreme Court is.

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[-] inclementimmigrant@lemmy.world 1 points 1 year ago* (last edited 1 year ago)

I mean it's pretty easy to see why this is a question.

Trump's supreme court, the highlander quickening geniuses, issued a decision in New York State Rifle & Pistol Association, Inc. v. Bruen that and I quote

"When the Second Amendment's plain text covers an individual's conduct [here the right to bear arms], the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation's historical tradition of firearm regulation. Only then may a court conclude that the individual's conduct falls outside the Second Amendment's "'unqualified command.'"

Basically requiring gun laws to have some analogue in to laws linking back to when the founders first wrote the amendment and if there's no analogue, and in this case it's all about domestic violence wasn't against the law and therefore if the supreme court doesn't want to look like god damn clowns, they should rule that this law is unconstitutional.

this post was submitted on 09 Nov 2023

114 points (95.2% liked)

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