Its 8–1 ruling inis a major victory for gun safety laws, a much-needed reprieve after two years of unceasing hostility from the federal judiciary. Chief Justice John Roberts’ majority opinion walked back maximalist rhetoric—recklessly injected into the law by Justice Clarence Thomas—that had imperiled virtually every modern regulation limiting access to firearms. Thomas was the lone dissenter, signifying the rest of the court’s mad dash away from his extremist position on the Second Amendment.
Rahimi was indicted under a federal law that bars individuals from possessing firearms while subject to a restraining order for domestic violence. He argued thatare presumptively unconstitutional unless they have a sufficient set of “historical analogues” from the distant past. at every turn. “Some courts,” the chief justice wrote, “have misunderstood the methodology of our recent Second Amendment cases. These precedents were not meant to suggest a law trapped in amber.” Rather than hunt for perfect historical analogs, courts should ask “whether the challenged regulation is consistent with the principles that underpin our regulatory tradition.
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