Phony constitutional "originalism" is likely to kill women after Second Amendment decision

[marmar]

Phony constitutional "originalism" is likely to kill women after Second Amendment decision
A federal court finds that women's lives are less important than a bizarre misreading of the Second Amendment

By ERWIN CHEMERINSKY - DENNIS AFTERGUT
PUBLISHED FEBRUARY 7, 2023 9:00AM (EST)


(Salon) Afederal appeals court put many women's lives in danger last week by declaring unconstitutional a federal law that makes it a crime for those under a restraining order in a domestic violence case to possess a firearm. Three conservative judges, two of whom had been appointed by Donald Trump, did this for the absurd reason that such regulations did not exist in 1791 when the Second Amendment was adopted.

The decision, relying heavily upon the Supreme Court's June 2022 decision in New York State Rifle & Pistol Association v. Bruen, reversed a Texas jury's conviction of Zackey Rahimi, who admitted owning a firearm that police found in a search of his home and also admitted that a local Texas court had issued an order barring him from "harassing, stalking, or threatening" his ex-girlfriend after an alleged assault.

Rahimi is a dangerous individual. In a 13-month period, he was involved in five shootings, including firing at a police vehicle and at the drivers of two cars with whom he'd been involved in an accident before fleeing the scene.

Especially in these circumstances, a court invalidating the explicit congressional protection extended to domestic abuse victims defies common sense. The Educational Fund to Stop Gun Violence reports that a "woman is five times more likely to be murdered when her abuser has access to a gun." Judicial decisions ignoring such realities tell us that some judges care more about ideology than protecting women's lives. ..............(more)

https://www.salon.com/2023/02/07/phony-constitutional-originalism-is-likely-to-women-after-second-amendment-decision/

[dlk]

1. Republicans can't dehumanize women and girls enough

It’s a pathology.

[Irish_Dem]

3. It's pathology and cold blooded strategy.

Dehumanize various groups, demonize them.
Create chaos, division, hatred.

Divide and conquer is an age old way to obtain power.

[dlk]

6. Yes, and, unfortunately, too many gullible Americans fall for it

They are lulled into complacency by the barrage of misogynistic propaganda. Meanwhile, the billionaires are vacuuming up all of our resources.

[Irish_Dem]

7. Yes Americans are buying the propaganda hook, line and sinker.

The oligarchs get richer, taking all the world's wealth and resources.

Democracies are greatly weakened so autocracies can head for superpower status.

It has been like taking candy from a baby for them.

[dlk]

10. This was supposed to be the information age

Yet, there seems to be a widespread and cultivated ignorance. Too many people are like sheep waiting for someone to tell them what to think and what to do. The question is, how can we turn this around?

[Irish_Dem]

12. People like Putin realized the Information Age was a perfect vehicle to further his agenda.

In the past, democracies have depended upon a free press and public education
to help voters make the best choices.

But now the media has clearly been bought off by oligarchs with their own agendas,
or our enemies.

And public education in the US is being dismantled.

There also used to be a value placed upon public service, leadership, etc.
Now it has been replaced with naked power and greed at any cost.

We also have the situation where pro-fascist countries like Russia and China
are cornering world resources to seduce people into compliance with their polices.
And some democratic countries only too willing to go along with it.

Certainly pro-democracy groups could band together to combat the creeping fascism
all around us. Conduct research on the most effective methods to counteract the propaganda, etc.

Frankly the biggest challenge is getting people to understand what is happening.
There has been great deal of denial even among educated, intelligent, sophisticated
liberals. I myself get pushback when I try to warn about Russia and China plans.
Not so much about Russia since the invasion, but still there is skepticism about China's
plan to be a 21st century superpower.

And I keep trying to point out the bigger picture of what is happening.
Not get bogged down in the petty minutia the GOP dishes out.
But to step back and see what is really happening.

[dlk]

13. You're exactly right

Getting past American hubris is the challenge. There is no doubt, China believes they are superior and are entitled to/should be the world’s #1 superpower and that includes surpassing/taking down the U.S. however they can.

The Russians don’t have honorable intentions, either. We seem to have amnesia about Kruschev’s, “We will take America without firing a shot,” and the many ways Russian propaganda divides us.

It’s also been clear for decades, Republicans don’t believe in democracy and have been dismantling our public education system and corrupting our political system with dark money and foreign contributions. They only care about two things, their own money and their own power. Everything else is disposable.

It should be disturbing how tolerant so many seem to be with DeSantis creating a fascist fiefdom in Florida. There doesn’t appear anything he can do that is too outrageous/anti-democratic.

The January 6th insurrection should have been a wake-up call for everyone, the fascists are here, and they will not go quietly.

Part of the pushback you’ve received may come from the fact that if people acknowledged what is actually occurring, they would need to take action on some level. Their denial relieves them of any responsibility for solutions.

It may be time to resurrect an old slogan, “If you’re not part of the solution, you’re part of the problem.”

[Irish_Dem]

14. The other problem is that many Americans are fine with ending democracy.

For them it is not just a matter of falling for propaganda.
They understand what is at stake and they don't care.

They are fine with democracy ending here in the US if it means
white, male, christian minority rule. And wealth goes to their
pockets, no one else.

I never thought I would live to see the day when US voters voted out
democracy, but this is where we are.

And we can see some European countries aren't that invested in
democracy when it comes to sharing wealth with Russia.

[dlk]

15. True, although they've never had to actually live under the alternative

They fail to understand many of the freedoms they currently enjoy would be lost. In essence, they’re just selfish. They want their way and they don’t like to share; like two-year old tyrant, with guns.

[Irish_Dem]

16. Exactly. They wouldn't last two weeks in China or Russia.

But they assume here in the US the harsh conditions will fall onto everyone else, not them.

Laws are made to protect them and to punish and control everyone else.

Yes we are looking at people with very low levels of moral development.
The idea of a social contract is meaningless to them.

[dlk]

19. They couldn't have their guns

And they couldn’t speak out about anything they don’t agree with. They live in a fact-challenged world, a cultivated ignorance. We don’t see many promos from Steven Segal encouraging like-minded individuals to move to Russia.

A certain percentage of the population has no conscience and they seem to gravitate toward the GOP.

[Irish_Dem]

20. Yes without their guns and privilege, they are cowards.

Yes the political divisions reflect the various levels of moral development.
And psychopathy.

Sociopaths, narcissists like the GOP.
Those who are morally impaired.

By design. Putin and the GOP work on the lowest common denominator.
Exploit the dark side of human nature for power and wealth.

[dlk]

21. By design, indeed

[Irish_Dem]

2. Laws are used to protect the wealthy and powerful, and to control and punish everyone else.

[Ray Bruns]

4. Time to repeal the 2nd Amendment.

[Initech]

8. I agree, it's become the 800 pound gorilla in the room.

Though at this point it may take a war or two to accomplish that.

[Hekate]

5. It's a strange sort of democracy that denies bodily autonomy to 51% of the population...

….and denies the vote to all but a select slice of the population, and empowers a deliberately violent police force to shoot on sight Black people of any age or shade — and to make sure we all get the message, makes sure the most violent among us are armed.

How many people does that leave to enjoy this democracy?

[littlemissmartypants]

9. Not just women. There's expansive research which supports a strong relationship

between mass shootings and IPV aka intimate partner violence. This tack is particularly disturbing because it proves the yahoos making these gun laws have either failed to research that dangerous relationship or have researched it and don't care that the IPV and mass shooting relationship is a clear and and present danger to American society.

[LiberalFighter]

11. Article V needs to be thrown in their face every time they mention originalism.

[tritsofme]

17. Not sure I understand the connection?

Article V describes the process for amending the Constitution.

[inwiththenew]

18. How is a guy who has been involved in 5 shootings in 13 months walking around freely?

Are they just going to wait until he actually kills someone before they decide to get serious?

[Wednesdays]

22. And maybe not even then...

*cough* Kyle Rittenhouse *cough*