Tag Archives: Supreme Court

Watch Out!

Look to your right. Now look to your left. Look ahead. Slowly, without drawing attention to yourself, turn and look behind. See all the people? Any one of them could be carrying a concealed weapon. They may be deranged. They may have no logical reason to be armed. But the Republican Supreme Court says they can carry weapons. And there is not a thing you can do about it.

The Republican hypocrites on the Court, all six of them, fulfilled the dreams of every member of the National Rifle Association by striking a New York law which had served that state well for one hundred years, setting standards for the carrying of concealed weapons. For the conservatives who hide when convenient behind the idea that states should be able to set local standards on these matters, the hypocrisy is exposed for all to see. This was not unexpected. Republicans have been fighting attempts to restrict guns for years. The vote was 6-3, strictly along party lines. All of Donald Trump’s three appointees voted to strike the law.

The New York law required concealed carry permit applicants to demonstrate a special need for a license, beyond a basic desire for self-defense. Writing the opinion in New York State Rifle & Pistol Association Inc. v. Bruen, Justice Clarence Thomas wrote that the so-called “proper-cause requirement” prevented “law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.”

“We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need,” Thomas wrote for the majority. “That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.”

Chief Justice John Roberts and Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett joined the opinion.

The ruling’s broad sweep amounts to a complete overhaul of the court’s Second Amendment doctrine and is expected to call into question a wide range of other gun laws. The court’s decision clears the way for legal challenges to similar restrictions in Maryland, California, New Jersey, Hawaii, and Massachusetts. It follows recent mass killings in Buffalo and Uvalde, Texas, horrifying acts of violence that spurred Congress to advance bipartisan legislation strengthening federal gun laws.

The court’s three Democrats, in dissent, accused the Republican majority of failing to consider “the potentially deadly consequences of its decision.” A 52-page dissent by Justice Stephen Breyer began bluntly. “In 2020, 45,222 Americans were killed by firearms,” he wrote, joined by Justices Sonia Sotomayor and Elena Kagan. History alone shouldn’t govern the Second Amendment’s application, he wrote, for “it is constitutionally proper, indeed often necessary… to consider the serious dangers and consequences of gun violence that lead States to regulate firearms.”

So now it is done. I have been writing about this ad infinitum, ad nauseam. I am ready to throw up. And to morn. I can now look forward in the years ahead to writing about more gun control laws being stricken by the Republican Supreme Court. And I can plan on writing about more killing and carnage. Make no mistake about it. The carnage does and will lie at the feet of the Republican Party, which favors guns over children. And takes the blood money of the NRA to win elections.

I know I have broken the tradition by referring to the Supreme Court justices as political partisans. Too bad. I call them as I see them. Today’s ruling has been the result of a fifty-year crusade by the NRA and its Republican syncopates to change the meaning of the Second Amendment and to take control of the Court. The second shoe is expected to fall any day with the overturning of Roe v Wade.

With this ruling, the Court continues the strained logic of its 2008 opinion in District of Columbia v. Heller. In Heller, the then 5-4 Republican majority bent over backwards to conclude that the first words of the Second Amendment, “A well-regulated militia,” didn’t actually require regulation nor a connection to a militia. Apparently these strict textualists, who in other places argue that the words of the Constitution are paramount in its interpretation, conveniently relegate those key opening words of the Amendment to the status of an ink blot to be ignored.

Let’s face facts. The Constitution does not mean what it says. It means what a majority of Supreme Court justices say it says.

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Guns for All!

I’m beginning to think I have been going about this the wrong way. I write about the never-ending string of mass shootings. I tell the history of the Second Amendment. I deplore the right-wing Republican judges who overturn even the most reasonable legislation designed to curtail the endless supply of weapons. But here we are with another mass shooting. And on the same weekend, a single killing which would have been worse had it not been for some heroism by a church congregation.

A majority of the American people favor placing stricter limits on the ownership of guns. But the political leaders do not.

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First Amendment Hypocrites

It was the end of the term, 2014, when the headlines blared, “Supreme Court Strikes Down Abortion Clinic ‘Buffer Zone’ Law. At issue was a Massachusetts law requiring a 35-foot zone around clinics that provided abortion services. Both supporters and opponents of abortion rights were not allowed within that buffer zone, where some were harassing women going in and coming out while others tried to shield and protect them.

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Why the Surprise?

The news broke overnight. The online publication Politico published an exclusive, what it believed to be a draft opinion in Dobbs v. Jackson Women’s Health Organization, written by Supreme Court Justice Samuel Alito which, speaking for the majority, overturns the seminal 1973 abortion decision Roe v. Wade. The text says, “We hold that Roe and Casey must be overruled,” referring also to a subsequent 1992 decision, Planned Parenthood v. Casey, “Roe was egregiously wrong from the start.”

In pledging to investigate the leak, Chief Justice John Roberts confirmed it is the authentic first draft. It is standard procedure for a vote on a case to be taken after oral argument, and if there is a clear majority, the chief justice assigns the writing of an initial draft opinion if he is voting with the majority, or the assignment is made by the senior associate justice in the majority if the chief is not.

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The First Monday in October

The first Monday in October does not get a special note on most calendars, unless you are in the government or parts of the legal profession. This is the day the Supreme Court of the United States usually begins its term. And this term is expected to be more notable than most for the government’s least visible branch.

The expectations are probably the reason several of the usually reticent judges who sit on the court have been unusually public in their comments and complaints in recent weeks following a three month “recess” which was also unusual for the amount of news it made.

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GOP ∞ – Democracy 0 – Roberts 😉

The racist party scored another infinite victory in the United States Senate with all 50 Republicans voting against even discussing legislation to overhaul election law in America. Of course the Constitution says in case of a tie vote the Vice President, currently Democrat Kamala Harris, breaks the tie. But this democratic majority rules standard doesn’t apply here because this wasn’t a vote on passing into law the “For the People Act.” This was a “motion to proceed to consideration.” This little bit of nonsense, known as a cloture vote, requires a three-fifths vote. A 50-50 tie doesn’t cut it. You won’t find this “filibuster” rule in the Constitution either. It has been a tool of the racists for years.

The law would protect voting rights, end partisan gerrymandering, establish new ethics rules for federal officials, and curb big money in politics. No wonder it didn’t stand a chance. Republican senate leader Mitch McConnell called it a “power grab” by Democrats.

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trump’s attempted coup – THAT WAS the week that was

The Week is Over

The cliché says that journalism is the first draft of history. We shall have to wait the verdict of historians several years down the road to craft a title for the tumultuous events of the last week and put them into perspective. For now it shall suffice to note that the FBI is calling on citizens to help identify members of the violent mob of Donald Trump supporters who attacked the United States Capitol on Wednesday in an attempt to stop Congress from tallying the Electoral College votes declaring Joseph Biden and Kamala Harris the next president and vice-president.

It was the first time since the Constitution was ratified on June 21, 1788, that a President of the United States attempted to overturn the results of an election and remain in office after the election of his successor had been certified by the states and the District of Columbia.

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