#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.

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/

#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

#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/

#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/

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/

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/

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

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