Gun safety and domestic violence prevention organizations hold a rally in front of the Supreme Court in D.C. on Nov. 7, 2023. Two years ago, the Supreme Court created predictable havoc with its declaration that gun restrictions could only be justified under the Second Amendment if they were rooted in history and tradition. On Friday, the court cleaned up some of that mess,That’s something to be thankful for, I guess.
There is an infuriating blame-the-victim tone to the majority opinion, lamenting that “some courts have misunderstood the methodology of our recent Second Amendment cases.” Really? As Justice Ketanji Brown Jackson observed,unleashed “chaos” in the lower courts as judges engaged in a “mad scramble for historical records,” an enterprise for which they are ill-equipped and for which“In my view, the blame may lie with us, not with them,” Jackson wrote.
The array of opinions — the case featured five concurring opinions joined by six justices, in addition to the Thomas dissent — suggested that this is a court still grappling with, and still arguing among itself aboutThe three liberal justices — Jackson, Sonia Sotomayor and Elena Kagan — made clear that they liked it better the old way, beforeSotomayor, in a concurrence joined by Kagan, zeroed in on the inherent limitations of the historical approach.
Perhaps more interesting was the array of approaches endorsed by the conservative justices — as well as the welcome fact that Justice Samuel A. Alito Jr., who didn’t write separately, signed onto the Roberts opinion rather than join Thomas in dissent.Justice Neil M.
Friday was a better day for those who believe in rational gun regulation — the first time the court had upheld a gun law since itthat the Constitution protects an individual right to bear arms. But this is an interim word from a conservative-dominated, history-obsessed court, not the last one.
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