#rahimi — Public Fediverse posts

Once Again, #Originalism’s Hollow Core Is Revealed. In #rahimi #SupremeCourt #SCOTUS made the right decision for the wrong reasons. #domesticviolence #SecondAmendment #2ndamendment #gunviolence #courts #constitution #guns #originalism #billofrights #unqalifiedcommand #restrainingorder United States #CourtofAppeals for the #FifthCircuit #lawtrappedinamber https://www.theatlantic.com/ideas/archive/2024/06/failure-originalism-supreme-court/678783/ read free https://archive.is/GJziP

@bigheadtales @GottaLaff

#Heller (2008) is the original sin and until it is overturned there will continue to be #2ndAmendment decisions by this #scotus that will exacerbate #gunviolence. #Rahimi is an aberration.

Praying for #ClarenceThomas.

#SCOTUS #Rahimi #DomesticViolence #EnoughIsEnough #IfYouSeeSomethingSaySomething

The concurring opinions in #Rahimi, read together, signal a brewing fight over overruling #Bruen altogether. The concurrences most clearly concerned with this are by #Sotomayer, #Gorsuch, and #Jackson. But I think even #Kavanaugh and #Barrett are telegraphing information about their positions on that. While I certainly hope Bruen comes up for reconsideration and gets overruled, it would be better for the court to overrule #Heller and thus its progeny, which includes #Bruen. 2/

The concurring opinions in #Rahimi, read together, signal a brewing fight over overruling #Bruen altogether. The concurrences most clearly concerned with this are by #Sotomayer, #Gorsuch, and #Jackson. But I think even #Kavanaugh and #Barrett are telegraphing information about their positions on that. While I certainly hope Bruen comes up for reconsideration and gets overruled, it would be better for the court to overrule #Heller and thus its progeny, which includes #Bruen. 2/

The concurring opinions in #Rahimi, read together, signal a brewing fight over overruling #Bruen altogether. The concurrences most clearly concerned with this are by #Sotomayer, #Gorsuch, and #Jackson. But I think even #Kavanaugh and #Barrett are telegraphing information about their positions on that. While I certainly hope Bruen comes up for reconsideration and gets overruled, it would be better for the court to overrule #Heller and thus its progeny, which includes #Bruen. 2/

The concurring opinions in #Rahimi, read together, signal a brewing fight over overruling #Bruen altogether. The concurrences most clearly concerned with this are by #Sotomayer, #Gorsuch, and #Jackson. But I think even #Kavanaugh and #Barrett are telegraphing information about their positions on that. While I certainly hope Bruen comes up for reconsideration and gets overruled, it would be better for the court to overrule #Heller and thus its progeny, which includes #Bruen. 2/

The concurring opinions in #Rahimi, read together, signal a brewing fight over overruling #Bruen altogether. The concurrences most clearly concerned with this are by #Sotomayer, #Gorsuch, and #Jackson. But I think even #Kavanaugh and #Barrett are telegraphing information about their positions on that. While I certainly hope Bruen comes up for reconsideration and gets overruled, it would be better for the court to overrule #Heller and thus its progeny, which includes #Bruen. 2/

Ok, I just finished reading #Rahimi and posting about it as I did so. That thread starts at https://mastodon.social/@heidilifeldman/112655732466156993 and (I broke it, accidentally) continues at https://mastodon.social/@heidilifeldman/112655834420033803. Now, some more synthetic reactions from me. 1/

#Jackson concurrence concludes by recognizing that, over time and through repeated appellate adjudication, a stable, workable approach to #Bruen might emerge. But there are "miles to go" and introducing chaos and uncertainty into Supreme Court standards erodes #RuleOfLaw. #Rahimi /25

More from #Jackson concurrence in #Rahimi: "Consistent analyses and outcomes are likely to remain elusive because whether Bruen’s test is satisfied in a particular case seems to depend on the suitability of whatever historical sources the parties can manage to cobble together, as well as the level of generality at which a court evaluates those sources...." 24/

"The message that lower courts are sending now in Second Amendment cases could not be clearer. They say there is little method to Bruen’s madness." #Jackson, writing in concurrence in #Rahimi. 22/

#Jackson concurrence starts with her rejection of #Bruen methodology. She's making it clear she'd vote to overrule it. But, she also makes clear that she accepts it as "binding precedent." According to her the #Rahimi decision applies #Bruen fairly, so she joins the Court's opinion in full. Then, Jackson turns to an interesting angle: the difficulty lower courts have in applying #Bruen methodology. 21/

#AmyConeyBarrett writes a concurrence in #Rahimi that reiterates her theory of originalism in Constitutional interpretation. Main point: history after the ratification of the original constitution not likely to be relevant to interpreting the Bill of Rights.
Taken together, #Barrett and #Kavanaugh concurrences seem to be primarily directed toward each other, laying down the gauntlet for future fights. 20/

Eventually, #Kavanaugh takes up of the role of #precedent in Constitutional interpretation. Given his position in #Dobbs, this should be rich.#Rahimi 18/

#Kavanaugh concurrence in #Rahimi begins with a rather Mickey Mouse discussion of a) the primacy of text in Constitutional interpretation and b) the challenges "vague" or "broadly worded" Constitutional provisions. According to Kavanaugh, history is a relatively neutral guide to interpreting these. Kavanaugh then writes at length about his views of the relevance of pre-Constitutional and post-Constitutional history. I'm not sure what all this is meant to accomplish. It goes on for pages. 17/

#Gorsuch writes a meandering concurrence in #Rahimi, taking the opportunity to bolster his view of the #SixthAmendment right to confront one's accusers and, more generally, his insistence that any balances between rights and regulations are "set in amber" by the Constitution itself. He concludes by countermanding any invitation for reconsideration of #Bruen. /16

#Sotomayor concludes by reiterating her criticisms of #Bruen, which, she argues, unconstitutionally restricts legislatures' ability to grapple with #GunViolence. But reconsideration of Bruen was not before the Court. (Sotomayor essentially inviting parties to seek such reconsideration in the future.) #Rahimi 15/

#Sotomayor, continued: "History has a role to play in Second Amendment analysis, but a rigid adherence to history, (particularly history predating the inclusion of women and people of color as full members of the polity), impoverishes constitutional interpretation and hamstrings our democracy." #Rahimi 14/

Great passage from #Sotomayor: "Under [#ClarenceThomas] approach, the legislatures of today would be limited not by a distant generation’s determination that such a law was unconstitutional, but by a distant generation’s failure to consider that such a law might be necessary. ... #Rahimi 13/

On to the concurrence by #Sotomayor and joined by #Kagan. Sotomoayor emphasizes that she still maintains #Bruen was wrongly decided. But, even under Bruen, #Rahimi is an easy case - prohibiting adjudicated domestic abusers from possessing guns is, under any sense of analogical reasoning, analogical to historical laws regulating firearms possession and use. #ClarenceThomas tries to argue that any difference between historical and today's laws makes them disanalogous. That's ridiculous. 12/

Prospective, categorical gun control gets no protection from today's decision in #Rahimi. #LawFedi 11/

The #Rahimi Court insists that "historical analysis" will continue to be the order of the day for considering the Constitutional validity of firearms regulation. It emphasizes the narrowness of its holding: "[W]e conclude only this: An individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment." This is narrow indeed. 10/

Now at the part of the #Rahimi opinion that explains where the Court thinks the lower court, the Fifth Circuit, and the dissent by #ClarenceThomas both err. Both insist on a historical twin to justify a law disarming those who pose a credible threat of domestic violence, when what is required is an analogue. Furthermore, the Fifth Circuit went out of its way to make up a conflict between the domestic violence law and the Constitution.

This criticism of the Fifth Circuit is key. 8/

According to the #Rahimi Court nothing in #Heller created an unbounded right to keep handguns in the home and nothing in #Bruen disturbs the government's authority to regulate firearms possession by those who have been found to pose a credible threat to the physical safety of others. 7/

The #Rahimi Court also considers 18th century laws that prospectively
regulated going about armed with dangerous weapons, with the purpose of terrorizing others. The Court writes, "Taken together, the surety and going armed laws confirm what common sense suggests: When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed." 6/

The #Rahimi Court notes that sureties were required of husbands who physically abused their wives and to people who went about about armed with offensive and dangerous weapons. 5/

What seriously pisses me off about #ClarenceThomas’s dissenting opinion is that he’s basically arguing that we can’t use the #precedent English #law to TAKE AWAY individuals’ #GunRights, but guess what? That’s exactly what they did in #Dobbs. They took away #WomensRights to #ReproductiveHealthcare based on a bunch of bullshit.

#Rahimi #Bruen #Roe #SCOTUS

The #Rahimi Court goes on to discuss how the common law, dating back to 17th century England, has always forbidden the use of arms to physically threaten others. In colonial America and the early United States, this included regulation of dangerous individuals who posed a threat of violence. 3/

Reading #Rahimi, today's Supreme Court decision about the #SecondAmendment. Roberts, writing for the court, starts with plenty of homage to #Heller, the case that kicked off a radical reinterpretation of the right to bear arms, bringing us #Bruen and Rahimi itself. Full opinion at https://www.supremecourt.gov/opinions/23pdf/22-915_8o6b.pdf. My reactions in this thread. 1/

#Rahimi continued to challenge the #law, & the (insanely #conservative #ActivistCourt] US Court of Appeals for the #5thCircuit reheard his case after #SCOTUS’ #Bruen ruling in which Justice #ClarenceThomas established a test for #GunLaws in his opinion: new restrictions on ownership MUST have a parallel in American HISTORY.

The unanimous 5th Circuit panel found that Rahimi was among those whose right to a weapon is protected by the #SecondAmendment.

#GunControl

In early 2021, #Rahimi was arrested at his #Texas home, & police found:

“a .45-caliber #pistol, a .308-caliber #rifle, #magazines, #ammunition, & a copy of the protective order.”

He was charged w/illegally possessing a #weapon since he had a #RestrainingOrder against him.

Rahimi argued in federal #court that he had the right to possess #guns, but a judge ruled against him on that issue. Afterward, he pleaded guilty to the federal charge & received a sentence of 6 yrs in prison.

#SCOTUS #law

A #Texas court found that #Rahimi had “committed family violence” & that such violence was “likely to occur again in the future.” It issued a protective order [aka #RestrainingOrder] that suspended Rahimi’s #GunLicense, prohibited him from having #guns & warned him that possessing a #firearm while the order remained in effect might be a federal #felony.

Rahimi later violated the protective order & was involved in 5 shootings between Dec 2020 & Jan 2021.

#SCOTUS #law #GunControl #ClarenceThomas

@timo21 it depends because #Bruen says no-ish, #Rahimi says yes-ish. Basically, IMO, this is good because it didn’t rule that domestic abusers have an unfettered right to #guns, but it doesn’t clear up how to devise, apply or enforce any given federal or state #GunRegulation.

#SCOTUS #law #ClarenceThomas #GunControl #DomesticViolence

After #Bruen, multiple lawsuits involving #GunRegulations were filed.

In his #Rahimi dissent, #ClarenceThomas writes:

“…if the #SecondAmendment right was historically understood to allow an ofcl to disarm anyone he deemed 'dangerous,' it may follow that modern Congresses can do the same...

“…Yet, historical context compels the opposite conclusion. The Second Amendment stems from English resistance against 'dangerous' person laws.”

#SCOTUS #law #2A

Note on #Rahimi:

#ClarenceThomas wrote the majority in NYSRPA v. #Bruen & was the sole dissent in today’s decision.

Bruen’s ruled a #NewYork #law was unconstitutional & that carrying a gun in public was a constitutional right guaranteed by #2A.

#SCOTUS said states are allowed to enforce "#ShallIssue" permitting, where #ConcealedCarry applicants must satisfy criteria, like #BackgroundChecks, but "#MayIssue" systems using "arbitrary" evaluations by local authorities are unconstitutional.

#law

Decision on the #gun rights case:

U.S. v. #Rahimi

#SCOTUS upholds the federal statute.
8-1 #ClarenceThomas dissented

This is a #2A case, about whether individuals who are guilty of #DomesticAbuse can have access to #guns.

When an individual has been found to be a threat that individual may be temporarily disarmed.

Guns may be taken from people who are under #DomesticViolence #RestrainingOrders.

This was the FINAL opinion of the day.

#law #Bruen

U.S. v. Rahimi is a truly bonkers case pending before the Supreme Court where the petitioner is arguing that a federal statute prohibiting individuals under domestic violence restraining orders from possessing guns violates the Second Amendment. Yet Rahimi’s argument seems plausibly consistent with the court’s “history and tradition” test established by the Bruen precedent. https://senatormoobs.substack.com/p/bruen-and-abstraction. #scotus #Law #supremecourt #rahimi #bruen

Fri 9/29 - #SuffolkLaw is Awesome, #IRS May Furlough Staff, #NLRB Nationwide Ruling Against #Starbucks, #USPTO Stays Open if Gov Shuts Down and #SCOTUS Case on Second Amendment

MA law school has an outsize (positive) influence, IRS may furlough staff if the government shuts down, NLRB slaps Starbucks on the wrist nationwide, USPTO can stay open for a bit if the government shuts down and a 2nd amendment case before SCOTUS.

#rahimi #lawfedi @law #podcast

https://www.minimumcomp.com/p/fri-929-suffolk-law-is-awesome-irs#details

Fri 9/29 - #SuffolkLaw is Awesome, #IRS May Furlough Staff, #NLRB Nationwide Ruling Against #Starbucks, #USPTO Stays Open if Gov Shuts Down and #SCOTUS Case on Second Amendment

MA law school has an outsize (positive) influence, IRS may furlough staff if the government shuts down, NLRB slaps Starbucks on the wrist nationwide, USPTO can stay open for a bit if the government shuts down and a 2nd amendment case before SCOTUS.

#rahimi #lawfedi @law #podcast

https://www.minimumcomp.com/p/fri-929-suffolk-law-is-awesome-irs#details

Fri 9/29 - #SuffolkLaw is Awesome, #IRS May Furlough Staff, #NLRB Nationwide Ruling Against #Starbucks, #USPTO Stays Open if Gov Shuts Down and #SCOTUS Case on Second Amendment

MA law school has an outsize (positive) influence, IRS may furlough staff if the government shuts down, NLRB slaps Starbucks on the wrist nationwide, USPTO can stay open for a bit if the government shuts down and a 2nd amendment case before SCOTUS.

#rahimi #lawfedi @law #podcast

https://www.minimumcomp.com/p/fri-929-suffolk-law-is-awesome-irs#details

Fri 9/29 - #SuffolkLaw is Awesome, #IRS May Furlough Staff, #NLRB Nationwide Ruling Against #Starbucks, #USPTO Stays Open if Gov Shuts Down and #SCOTUS Case on Second Amendment

MA law school has an outsize (positive) influence, IRS may furlough staff if the government shuts down, NLRB slaps Starbucks on the wrist nationwide, USPTO can stay open for a bit if the government shuts down and a 2nd amendment case before SCOTUS.

#rahimi #lawfedi @law #podcast

https://www.minimumcomp.com/p/fri-929-suffolk-law-is-awesome-irs#details

Fri 9/29 - #SuffolkLaw is Awesome, #IRS May Furlough Staff, #NLRB Nationwide Ruling Against #Starbucks, #USPTO Stays Open if Gov Shuts Down and #SCOTUS Case on Second Amendment

MA law school has an outsize (positive) influence, IRS may furlough staff if the government shuts down, NLRB slaps Starbucks on the wrist nationwide, USPTO can stay open for a bit if the government shuts down and a 2nd amendment case before SCOTUS.

#rahimi #lawfedi @law #podcast

https://www.minimumcomp.com/p/fri-929-suffolk-law-is-awesome-irs#details