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Culture War Roundup for the week of June 17, 2024

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I don't share the blackpilled reading of this case that I'm seeing here. The vast, vast majority of gun owners have nothing to worry about from the narrow holding of this case. Even defendants who are similarly situated to Rahimi can plausibly argue for a different result in future cases.

No? You don't think every appeals court save the Fifth Circuit is going to read into the court's endorsement of the historical significance of laws against "going armed the the terror of the public" justification for a general prohibition on bearing arms publicly? Because I think it's pretty clear from recent history that it's exactly what they'll do.

This means any future defendant may still raise an "as-applied" challenge to the law and argue that it shouldn't apply to their case.

The court said that the prohibition was justified if the court made a finding that the person subject to the injunction had committed domestic violence or if the court enjoined him from committing domestic violence (even if he had not committed it). That's sufficient to cover essentially all applications of the law. A court orders a man (and yes, 90+% of the time it will be a man, except in jurisdictions where such injunctions are automatically reciprocal -- and the courts will indeed carve out an exception for that case, if it comes up) to not do something already illegal, and he loses his Second Amendment rights.

Third, the Court is careful to explain that historical gun regulations like the "surety and going armed" laws presumed that people had a right to carry guns in public. Their prohibitions on gun possession were limited to temporary disarmament of specific individuals based on a particularized judicial determination of their dangerousness. Meaning legislatures cannot use those cases, or Rahimi, as an excuse to prohibit broad swathes of the public at large from possessing or carrying guns.

The appeals courts will simply split hairs and say that those laws support not a complete prohibition, but whatever prohibition is on the table in the given case. Can't carry openly in one case (terrifies the public). Can't carry concealed in another (carrying concealed indicates you're up to no good). Can't carry this or that gun (too terrifying). Can't carry more than so much ammo (terrifying again). And the Supreme Court will respond to this with cert denied, as they have been doing.

Edit: When I, a citizen of the United States and the state of New Jersey, can walk into a gun store, buy a modern handgun and rifle, and carry both of them, loaded, across the state of New Jersey and to my office in New York, using either my own private transportation or public transportation, without running afoul of any laws, THEN I will believe the Supreme Court takes the Second Amendment seriously. Not until then.

Well, it turned out that putting all the “conservative” Catholics on the Supreme Court actually meant they only cared about that one Catholic issue (abortion) and issues related to that issue (religious freedom) and not, in fact, any other conservative policies.

The right confused the zealotry with which devout Catholics hated abortion and were willing to do anything, study anything, join any political movement and climb any hierarchy to restrict it for actual commitment to any other aspect of American conservatism. Now it turns out they’re just libs who hate abortion and have a mild (though likely not enough to rock the boat) distaste for gay marriage, but are otherwise pro-DEI, pro-immigration, pro-gun control and so on. Shocked Pikachu indeed.

Ah, Gorsuch is the most consistent conservative on the court.

It turns out that, save Justice Thomas, and perhaps Eugene Volokh, there are no elite conservatives in the field of law.