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marmar

(77,407 posts)
Mon Jun 24, 2024, 09:58 PM Jun 24

John Roberts Tried to Clean Up Clarence Thomas' Mess. He May Have Invited More Chaos. [View all]


(Slate) On Friday, the Supreme Court finally issued its decision in U.S. v. Rahimi, handing down 103 pages that can best be summarized as high-speed doctrinal backpedaling. Chief Justice John Roberts, writing for a very fractured majority of eight, upheld a federal law that disarms domestic abusers, deeming it sufficiently rooted in “history and tradition.” Roberts painstakingly explained that while the court’s conservative justices are still very much gun nuts, they’re not in fact wedded to the insane version of originalism they adopted in their 2022 Bruen decision. That’s the opinion, authored by Justice Clarence Thomas, that reimagined judges as amateur historians, or perhaps costumed reenactors of the founding, striking down every gun restriction that doesn’t have enough “historical analogues” from the 18th and 19th centuries.

The court instead cleaned up Bruen’s mess, transforming the decision into something less radical and more practical, but took great pains to paint its decision as a gentle refinement for confused lower courts. Nonetheless, Roberts kept the court firmly planted in the gun rights arena, giving policymakers a new test—under the guise of reaffirming the old one—that will spawn all-new confusion. We have entered the era of living originalism, with more Second Amendment chaos around the corner.

On Saturday’s episode of Amicus, Dahlia Lithwick was joined by Slate’s Mark Joseph Stern and Kelly Roskam, director of law and policy at the John Hopkins Center for Gun Violence Solutions, to discuss what Rahimi means for gun safety in America. Their conversation has been edited and condensed for clarity.

Dahlia Lithwick: I want to be really clear: This is not a win, this is a not-loss. Rahimi prunes back the worst of Bruen without doing much to help solve the catastrophic gun violence in the country. Last year, more than 40,000 people were killed by guns in the United States. Gun violence is now the No. 1 killer of children in America. Every month about 70 American women are murdered by a gun-wielding intimate partner. If her abuser has a gun, a woman is five times more likely to be killed by that partner. ................(more)

https://slate.com/news-and-politics/2024/06/supreme-court-john-roberts-clarence-thomas-guns-mess-second-amendment-chaos.html




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