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marmar

(77,045 posts)
Mon May 16, 2022, 10:23 AM May 2022

Supreme Court set to give the most extremist movement in the US a big win -- and it's not abortion

Supreme Court set to give the most extremist movement in the US a big win — and it's not abortion
The most established extremist movement in the country is the unfettered gun rights movement

By HEATHER DIGBY PARTON
PUBLISHED MAY 16, 2022 9:59AM


(Salon) This weekend's horrific mass killing in Buffalo serves as a tragic reminder that the radicalism of the American right-wing is not confined to abortion policy or an anti-democratic movement to take over the election machinery for partisan gain. The most established extremist movement in the country is the unfettered gun rights movement.

Much like the anti-abortion zealots, gun extremists have been methodically chipping away at existing gun safety laws in states while pushing for federal action that would finally achieve their goal of legal possession of deadly firearms by anyone, anywhere, for any reason. There hasn't been as much talk about it, but the Supreme Court heard a case this session that could do for gun proliferation advocates what the Dobbs v. Jackson Women's Health Organization case looks poised to do for the anti-abortion movement. The decision could even be announced on the same day. It was just 14 years ago, in a case called District of Columbia v. Heller, that a bare majority of the Supreme Court held for the first time that the Constitution grants an individual right to bear arms. It was a landmark case that handed the gun lobby the definition it had long sought. Former Justice John Paul Stephens called it the worst decision of his tenure, noting that when he came on the court there was not even any discussion of gun ownership being a "fundamental right." Over the years, however, the NRA worked very hard to make the case and Heller was finally taken up by the conservative majority in 2008. However, even with that proclamation, the court did not suggest that this meant states had no right to enact gun safety measures. The author of the opinion, Justice Antonin Scalia held that while people had the right to keep guns in their homes, communities still had an interest in public safety and keeping dangerous modern weapons off the streets. That was unsatisfying for the gun fetishists so they immediately began taking steps to ensure that interest was as proscribed as possible.

The case the court heard this term, New York State Rifle and Pistol Asso­ci­ation v. Bruen, involves New York's long-standing law that only people with a specific need ("proper cause" ) can be licensed to carry a concealed weapon in the state. The plaintiffs in this case both applied for and were granted concealed carry permits but were restricted in where they were allowed to carry their guns. They, along with the NRA, sued, saying they have an unfettered 2nd Amendment right to carry their guns virtu­ally whenever and wherever they feel they might need to defend themselves. In other words, they believe they have a constitutional right to carry a gun at all times. ...............(more)

https://www.salon.com/2022/05/16/set-to-give-the-most-extremist-movement-in-the-us-a-big-win--and-its-not-abortion/




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Supreme Court set to give the most extremist movement in the US a big win -- and it's not abortion (Original Post) marmar May 2022 OP
It'll be Buffalo-Tops every week bucolic_frolic May 2022 #1
Everywhere in the United States. Wednesdays May 2022 #2
It feels like it's every day, maybe more on some days IronLionZion May 2022 #7
The purpose of the Trump Court is to protect the FREEDOM of the Trump trash to inflict suffering and dalton99a May 2022 #3
Truth. marmar May 2022 #4
Truth. Number 2 Stuart G May 2022 #5
It's a key component of the ongoing coup. n/t Harker May 2022 #6
Yes, that about sums it up.. mountain grammy May 2022 #21
Oh MAN! Looks like it. Sure feels like it, too. calimary May 2022 #26
Everywhere? Except... 3825-87867 May 2022 #8
Those Reicht-winged ammosexuals don't realize Progressives aren't coming after your guns, OMGWTF May 2022 #16
"Are you looking at me!" Blammmoo, take that! BradBo May 2022 #9
Carrying a gun into church is part of a well-regulated militia? Novara May 2022 #10
Into Ukraine? KS Toronado May 2022 #11
They just don't count the "well-regulated" part. calimary May 2022 #27
Right. So tell me again that the SCOTUS tends to be originalists. Novara May 2022 #29
I'm not 100% sure about that label but it's my understanding that calimary May 2022 #33
It's Much Worse Than That, Calimary ProfessorGAC May 2022 #39
Hah! Real life thought police. calimary May 2022 #40
This rhetoric of an unfettered right to carry whatever and whenever is malarkey SYFROYH May 2022 #12
Justice Kavnaugh also stressed that Roe was settled law. Republican Justices lie. NullTuples May 2022 #13
And that's the takeaway. Something we need to get very loud about, calimary May 2022 #34
of course the SC will llashram May 2022 #14
K&R UTUSN May 2022 #15
The Wild West is soon to be the entire nation. lastlib May 2022 #17
I posted this on Twitter ... aggiesal May 2022 #18
sadly a timeless classic LymphocyteLover May 2022 #20
Sadly indeed. calimary May 2022 #35
we really really really need to amend the 2nd amendment LymphocyteLover May 2022 #19
The 2nd Amendment was fine until Scalia's 1987 Heller decision intentionally misread it. SunSeeker May 2022 #22
Yes. It's such a mess. Every day what conservatism has brought to this country makes me scream. LymphocyteLover May 2022 #32
+1 SunSeeker May 2022 #37
How about properly interpreting it ? rickford66 May 2022 #23
Exactly. If 1973's Roe decision can be overturned, so can 1987's Heller decision. nt SunSeeker May 2022 #28
+1 Novara May 2022 #30
I'm happy with that, yes. I suppose getting a better SCOTUS to review Heller might be easier than LymphocyteLover May 2022 #31
My memory might be slipping. I seem to remember the NRA NOT allowing guns in their national..... usaf-vet May 2022 #24
You are not losing your mind. SunSeeker May 2022 #38
Thanks to the most corrupt President in our history, we now have the most corrupt Supreme Court world wide wally May 2022 #25
And, the Senate Voted to Protect theses Cha May 2022 #36

dalton99a

(81,371 posts)
3. The purpose of the Trump Court is to protect the FREEDOM of the Trump trash to inflict suffering and
Mon May 16, 2022, 10:44 AM
May 2022

mayhem upon American society


3825-87867

(835 posts)
8. Everywhere? Except...
Mon May 16, 2022, 11:57 AM
May 2022

the Supreme Court Chamber, Police Stations, Republican Rallies, Mar-a-Lardo, etc., etc.

But I guess it'll be ok to carry if a MAGAt attends ANY Democrat's Rally - you know, in case he or she or it feels threatened or doesn't like what's being said because feelings...

Can't wait for Tucker to have an public open event or Teddy to give a public speech. Maybe some Lib will show up carrying - in case?

Be careful what you ask for, ammosexuals. You may not like the consequences. You certainly didn't think them through.

OMGWTF

(3,933 posts)
16. Those Reicht-winged ammosexuals don't realize Progressives aren't coming after your guns,
Mon May 16, 2022, 12:38 PM
May 2022

because we have our own.

Novara

(5,811 posts)
10. Carrying a gun into church is part of a well-regulated militia?
Mon May 16, 2022, 12:08 PM
May 2022

Into school?

Into a shopping mall?

Into work?

Into the gym?

Into the library?

Into a baseball game?

Into the theater?

On the subway?

Into the park?



Who knew these places were so damned dangerous? Well, they weren't, until these motherfuckers made them dangerous.

calimary

(81,044 posts)
33. I'm not 100% sure about that label but it's my understanding that
Mon May 16, 2022, 04:25 PM
May 2022

an “originalist” is one who believes in the Constitution AS WRITTEN, with the mentality AND reality of THAT particular time. Late 1700s. Which was fine then. And, women weren’t even MENTIONED in those founding documents because nobody gave a crap about what women might care about, and considering that this was before women even were able to vote.

And my problem with all that is - WE’RE NOT IN THE LATE 1700s ANYMORE!!!!!!!! And things CHANGE! And if the Constitution is to be regarded as a living document (as I’ve heard it frequently described), then seems to me it must reflect the time it’s living IN.

ProfessorGAC

(64,789 posts)
39. It's Much Worse Than That, Calimary
Mon May 16, 2022, 05:14 PM
May 2022

The originalists are not true literalists, despite their claims to be.
They extend to using contemporaneous writings & speeches to infer what the founders were thinking when the wrote the Constitution.
So, they interpret the LITERAL words of the document by imagining they can read the minds of people dead at least 200 years.
We need them, apparently, to interpret a document they say is not subject to interpretation.
It's a lazy & vacuous intellectual construct.

SYFROYH

(34,153 posts)
12. This rhetoric of an unfettered right to carry whatever and whenever is malarkey
Mon May 16, 2022, 12:14 PM
May 2022


Shifting NY to a shall-issue state is still a lot of regulation.

Justice Brett Kavanaugh stressed that the question before the court is limited to the constitutionality of the New York permitting regime. He asked Clement whether his clients would object to the “shall issue” regimes used in other states, under which authorities are required to issue a carry permit as long as an applicant satisfies basic requirements such as a background check and firearms training. Clement acknowledged that, as a general matter, they would not object. “We’d like what they’re having,” he said.

https://www.scotusblog.com/2021/11/majority-of-court-appears-dubious-of-new-york-gun-control-law-but-justices-mull-narrow-ruling/

calimary

(81,044 posts)
34. And that's the takeaway. Something we need to get very loud about,
Mon May 16, 2022, 04:28 PM
May 2022

And as frequently as possible!

Repeat, repeat, repeat! BECAUSE it’s necessary!

llashram

(6,265 posts)
14. of course the SC will
Mon May 16, 2022, 12:24 PM
May 2022

the RW wants unfettered access to any and all weapons for when they try to take over our democracy again... it is simple as that in my book this court will be the death of our democracy unless our leadership does something about it.

SunSeeker

(51,498 posts)
22. The 2nd Amendment was fine until Scalia's 1987 Heller decision intentionally misread it.
Mon May 16, 2022, 01:15 PM
May 2022

The 2nd Amendment was put in to allow for organized militias (what is now the National Guard) so that we didn't have standing armies. Our founding fathers saw standing armies as a threat to democracy, fearing a military coup d'etat. It had nothing to do with a personal right to own guns. Guns are not even mentioned. The Heller decision threw away over 100 years of precedent and historical understanding to create a "right" out of thin air. The Stevens dissent in Heller lays it all out.

LymphocyteLover

(5,632 posts)
31. I'm happy with that, yes. I suppose getting a better SCOTUS to review Heller might be easier than
Mon May 16, 2022, 01:47 PM
May 2022

amending the constitution, but I'm not sure.

usaf-vet

(6,156 posts)
24. My memory might be slipping. I seem to remember the NRA NOT allowing guns in their national.....
Mon May 16, 2022, 01:19 PM
May 2022

....meeting? One in the last decade?

Am I losing it?

world wide wally

(21,733 posts)
25. Thanks to the most corrupt President in our history, we now have the most corrupt Supreme Court
Mon May 16, 2022, 01:19 PM
May 2022

in our history

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