Updated: 16 minutes agoSen. Amy Klobuchar, D-Minn., speaks during a rally at the Supreme Court on Tuesday, Nov. 7, 2023, in Washington. The Supreme Court is taking up a challenge to a federal law that prohibits people from having guns if they are under a court order to stay away from their spouse, partner or other family members.
Liberal and conservative justices sounded persuaded by arguments from the Biden administration’s top Supreme Court lawyer that the prohibition is in line with the longstanding practice of disarming dangerous people. Justice Clarence Thomas’ opinion for the court tossed out the balancing test judges had long used to decide whether gun laws were constitutional. Rather than consider whether a law enhances public safety, judges should only weigh whether it fits into the nation’s history of gun regulation, Thomas wrote.
The outcome probably will come down to the votes of Chief Justice John Roberts and Justice Brett Kavanaugh. They were part of the six-justice conservative majority in Bruen, but Kavanaugh wrote separately, joined by Roberts, to underscore that not every gun restriction is unconstitutional.
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