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new york state rifle & pistol association v. bruen
'Truly Evil' Clarence Thomas Offers Defense of Guns for Domestic Abusers
"The Thomas dissent is only further proof that he is simply a threat to America," said the father of a mass shooting victim.
Jun 21, 2024
"Thank goodness. Also, Clarence Thomas is truly evil."
That's how one progressive pollster responded Friday to the U.S. Supreme Court's 8-1 ruling in United States v. Rahimi, which upheld a law prohibiting individuals subject to a domestic violence restraining order from possessing a firearm.
Critics across the political spectrum called Thomas' lone dissent in the case "insane" and blasted the right-wing justice as "fucking awful," a "corrupt lunatic," and a "contemptible POS" who "continues to undermine the safety of women and disgrace the court."
Some pointed out that after Thomas was nominated to the court in 1991 by then-President George H. W. Bush, during the Senate confirmation process, Anita Hill accused the future justice of sexually harassing her. More recently, Thomas has faced demands for his recusal or even resignation because he took gifts from right-wing billionaires and declined to report them.
Journalist Matt Fuller highlighted a portion of Chief Justice John Roberts' majority opinion that describes various instances of Zackey Rahimi behaving violently with a weapon, including a December 2019 interaction with C.M., the mother of his child.
"C. M. attempted to leave, but Rahimi grabbed her by the wrist, dragged her back to his car, and shoved her in, causing her to strike her head against the dashboard," Roberts wrote. "When he realized that a bystander was watching the altercation, Rahimi paused to retrieve a gun from under the passenger seat. C. M. took advantage of the opportunity to escape. Rahimi fired as she fled, although it is unclear whether he was aiming at C. M. or the witness."
Amid expressions of relief that the court's other members joined Roberts' majority opinion—with several also writing concurring opinions—Moms Demand Action founder Shannon Watts said that "the Rahimi case should never have been taken up by SCOTUS. To even question whether domestic abusers should have access to guns shows just how extreme this court has become."
Fred Guttenberg, whose 14-year-old daughter Jaime was murdered in the 2018 Marjory Stoneman Douglas High School shooting in Parkland, Florida, said that he was "glad to see the Supreme Court got it right" in Rahimi, compared with the 2022 ruling in New York State Rifle & Pistol Association v. Bruen.
"This case only existed because of the horrible Bruen ruling, a decision written by Justice Thomas who was the lone dissent here," Guttenberg noted. "I am hoping that they cleaned up some of the Bruen issues with this case. The Thomas dissent is only further proof that he is simply a threat to America."
Bruen struck down New York state's restrictions on the concealed carry of firearms in public but had a broader effect on various gun control laws—which legal experts said could be further disrupted by the new decision. Slate's Mark Joseph Stern explained Friday that while "both the majority and several concurrences are attempting to narrow and refine Bruen," Thomas "says everybody else misunderstood his opinion" in the 2022 case.
Thomas wrote Friday that after Bruen, "this court's directive was clear: A firearm regulation that falls within the Second Amendment's plain text is unconstitutional unless it is consistent with the nation's historical tradition of firearm regulation. Not a single historical regulation justifies the statute at issue."
However, given the majority, Stern predicted that "A LOT of lower court decisions that interpreted Bruen as a maximalist cudgel against virtually all modern gun safety measures—and struck down a bunch of laws accordingly—are about to get vacated and remanded by the Supreme Court for reconsideration in light of Rahimi."
"This is a win for the gun safety movement and another loss for the gun lobby hellbent on putting lives in danger."
Gun control advocates cheered Friday's ruling—which overturned a decision from the far-right U.S. Court of Appeals for the 5th Circuit—and what it could mean for future court battles.
"Today, we're celebrating that the Supreme Court ensured that the lives and safety of millions across the country will be protected over the desires of gun rights extremists. This is a win for the gun safety movement and another loss for the gun lobby hellbent on putting lives in danger," declared Moms Demand Action executive director Angela Ferrell-Zabala.
Former Congresswoman Gabrielle Giffords (D-Ariz.), who has worked on gun violence prevention since surviving a 2011 shooting, said that "this is a win for women, children, and anyone who has experienced domestic abuse," and it "would not have been possible without the work of gun safety and domestic violence advocates across the country."
People for the American Way President Svante Myrick called out the "extreme, ultraconservative 5th Circuit" and stressed that while "we're glad" the justices "made a reasonable ruling" in Rahimi, "we can't lose sight of the fact that far-right majorities on the Supreme Court and a lower court set the stage for what could have been a disaster."
"In fact, the majority of the court made clear that they may well invalidate other gun safety rules under Bruen even after today's decision," he warned. "That's why we have to keep courts in mind when we go to the polls in November."
In the November election, Democratic President Joe Biden is set to face former Republican President Donald Trump. While Trump's three appointees to the high court sided with Roberts in Rahimi, they were also part of the majorities in Bruen and Garland v. Cargill, a ruling from last week that struck down the Trump administration's bump stock ban.
Vice President Kamala Harris said Friday that "while President Biden and I stand up to the gun lobby, Donald Trump bows down. Trump has made clear he believes Americans should 'get over' gun violence, and we cannot allow him to roll back commonsense protections or appoint the next generation of Supreme Court justices."
"This case is yet another reminder that some want to take our country back to a time when women were not treated as equal to men and were not allowed to vote—and husbands could subject their wives to physical violence without it being considered a crime," Harris added. "Trump is a threat to our freedoms and our safety, and we must defeat him in November."
The U.S. National Domestic Violence Hotline can be reached at 1-800-799-SAFE (7233), by texting "START" to 88788, or through chat at thehotline.org. It offers 24/7, free, and confidential support. DomesticShelters.org has a list of global and national resources.
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US Elections at Risk of Political Violence as Guns and Distrust in Democracy Spread
"Ahead of next year's elections, it is critical that states take the steps recommended in the report to ensure that elections remain free from violence," said a co-author.
Sep 18, 2023
A report released Monday highlights how state laws across the U.S. fail to protect voters and election workers from the "growing risk of gun violence" tied to increasing firearm deregulation and sales as well as American political leaders fomenting distrust in democracy.
"The 2024 election will unfold in a transformed legal environment," warns Guns and Voting, the new report from the Brennan Center for Justice at New York University School of Law and Giffords—a gun violence prevention group founded by former Congresswoman Gabrielle Giffords (D-Ariz.), who survived being shot in the head.
The publication explains that "in 2010, only two states let people carry concealed firearms in public without a permit or background check. Now, 27 states allow 'permitless carry.' While other states have strengthened gun regulations during this period, the Supreme Court has threatened their ability to do so."
"With more guns and more political polarization and violence, states need strong laws to limit risk."
"Last year, in New York State Rifle & Pistol Association Inc. v. Bruen, the court forced the six states with the strongest concealed carry laws, as well as Washington, D.C., to weaken their restrictions," the document details. "And it announced an entirely new test for evaluating the constitutionality of gun regulations, inviting a wave of litigation."
In the states impacted by the right-wing justices' majority opinion—which critics of denounced as "devastating"—applications to carry guns in public climbed after the ruling, and there have been over 450 related court decisions issued since June 2022.
U.S. gun sales and violence have also soared in recent years. As more than 42 million guns were sold in 2020 and 2021, there was a 15% jump in gun-related incidents, a 34% rise in nonfatal gun injuries, and a 28% increase in gun deaths from March 1, 2020, and February 28, 2021.
"Meanwhile, American democracy has been facing new and unnerving pressure as the result of a growing election denial movement," the report notes. "In 2020, states expanded voting by mail and early voting due to the coronavirus pandemic. Endeavoring to overturn the results of the 2020 presidential election, then-President Donald Trump and his allies launched massive disinformation campaigns targeting this expanded access to voting, claiming that the election was 'rigged' and that election administration officials were engaged in fraud."
"This election denial movement has spread beyond Trump and reached into state and local elections, fueled by conspiracy theories about mail voting, drop boxes, election officials, poll workers, and ballot counting," the report continues. "From its inception, threats of political violence marked this movement. The most prominent example, of course, was the January 6, 2021, attack on the U.S. Capitol."
Now, Trump is the top Republican presidential candidate for 2024, despite arguments that inciting the January 6 insurrection constitutionally disqualifies him from holding office again. Trump also faces four ongoing criminal cases, two of which are connected to his efforts to overturn the 2020 election.
The GOP nominee is expected to face Democratic President Joe Biden, who is seeking reelection next year. While Biden has taken some limited executive action on guns and signed a bipartisan safety bill last year, Democrats' efforts to pass sweeping federal gun control and voting rights legislation have been thwarted by congressional Republicans.
"With more guns and more political polarization and violence, states need strong laws to limit risk," the new report argues. "In Bruen, the Supreme Court recognized that prohibitions on guns in 'sensitive places'—and specifically in 'polling places'—were 'presumptively lawful.' Yet today only 12 states and Washington, D.C., prohibit both open and concealed carry of firearms at poll sites."
"Ironically, the states with the strongest gun regulations—which had restricted the ability to carry guns in public generally, rather than prohibiting guns in particular locations—were made most vulnerable in the wake of Bruen," the publication warns. "In fact, only one of the six states that had their laws struck down by the decision specifically prohibited guns in polling places at the time of the decision."
After laying out in detail the recent changes in U.S. gun control legislation, how disinformation has sown the seeds of political violence, and increases in extremism and gun violence—including mass shootings—the report offers policy recommendations.
"States should broadly prohibit firearms, including concealed carry, at and around all voting sites—including drop boxes—and places where votes are being counted and elections are being administered," the document asserts. "In addition to prohibiting guns wherever protected voting or election activity occurs, states can strengthen voter intimidation laws."
Guns and Voting co-author Allison Anderman, senior counsel and director of local policy at Giffords Law Center, echoed the report's call to action in a statement Monday.
"Though American elections have remained safe and secure, both political and gun violence pose significant risks to the safety of voters and people bravely conducting our elections," she said. "The 2024 presidential election brings an unprecedented confluence of factors that heighten these risks."
"Ahead of next year's elections, it is critical that states take the steps recommended in the report to ensure that elections remain free from violence," Anderman added. "Our leaders must act to protect our democracy."
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US Supreme Court Refuses to Block Assault Weapons Ban in Illinois
"The Supreme Court once again reaffirms the rights of legislators and local officials to pass gun safety laws," said one advocate.
May 17, 2023
State and local laws banning the sale of assault weapons will stand in Illinois for the time being, following the U.S. Supreme Court's refusal on Wednesday to temporarily block the measures while pro-gun groups appeal them in lower courts.
The high court did not disclose how each justice voted or explain their reasoning for the decision, releasing only a brief statement saying that the request for an injunction was denied.
A gun store in Naperville, Illinois joined the National Association for Gun Rights in challenging a local ordinance that blocks the sale of assault weapons, defined as 26 firearms and other weapons that meet certain criteria. The law went into effect in January after being passed last August, a month after seven people were killed and nearly 50 were injured in a mass shooting in Highland Park, 35 miles away from Naperville.
The lawsuit also challenges the Protect Illinois Communities Act, which also went into force in January and bans the sale of assault weapons and high-capacity ammunition magazines across the state.
The 7th US Circuit Court of Appeals has taken up the case and is scheduled to hear arguments on June 29.
"This is an important victory in the fight to end gun violence as the U.S. continues to deal with multiple mass shootings."
The gun store and pro-gun group cited two landmark rulings by the Supreme Court, including District of Columbia v. Heller, which held that the Second Amendment guarantees an individual the right to possess a firearm for "lawful purposes," independent of serving in a militia; and New York State Rifle & Pistol Association, Inc. v. Bruen, which held that courts must consider the gun regulations that were in effect when the Constitution was written when they decide whether a gun law should stand.
The latter ruling expanded access to firearms last year even as gun violence surpassed vehicle accidents as the leading cause of death among children in the United States.
The plaintiffs claimed that "there is no historical analogue to such a ban" as the ones passed in Illinois. State Attorney General Kwame Raoul countered in a court brief that the types of guns targeted by the laws, such as one used by the shooter in Highland Park, fall well outside the Constitution's protections for "firearms that are 'commonly used' for self-defense."
The gun control group Brady said Wednesday's development at the Supreme Court, while not the final word on the case, was "an important victory in the fight to end gun violence."
\u201c\ud83d\udea8BREAKING: The U.S. Supreme Court has declined to block Illinois' and Naperville's assault weapons ban from being enforced. \n\nThis is an important victory in the fight to end gun violence as the US continues to deal with multiple mass shootings.\nhttps://t.co/U8Z3AeJK3Q\u201d— Brady | United Against Gun Violence (@Brady | United Against Gun Violence) 1684340876
"This is a great victory for Americans and all of us working to protect our children from the gun violence epidemic facing our nation," said Debbie Mucarsel-Powell, senior adviser to advocacy group Giffords. "With this ruling the Supreme Court once again reaffirms the rights of legislators and local officials to pass gun safety laws."
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