Since Bruen, lower court judges applying its test have been, to use a legal term of art, all over the place, a fact repeatedly highlighted during oral arguments by Justice Ketanji Brown Jackson, who sought some, any, guidance on how the court should understand its own ruling. Again, lower courts are equally confused. One court, for example, decided that Florida’s ban on the sale of guns to 18-to-20-year-olds passed constitutional muster; another concluded that a federal law disarming people convicted of certain crimes perhaps did not.

A few judges have publicly aired their frustrations with the sudden analytical primacy of law-office history. “We are not experts in what white, wealthy, and male property owners thought about firearms regulation in 1791,” wrote one in 2022. “Yet we are now expected to play historian in the name of constitutional adjudication.” Another castigated the court for creating a game of “historical Where’s Waldo” that entails “mountains of work for district courts that must now deal with Bruen-related arguments in nearly every criminal case in which a firearm is found.”

Just goes to show how shitty, stupid, and partisan this Trump Supreme Court is.

  • BURN@lemmy.world
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    1 year ago

    As long as innocent schoolchildren are being murdered in cold blood by people who should not have access to guns we won’t stop.

    Americans are the only ones with this problem, and we’re also the only ones with this lax of gun control. There’s a pretty strong correlation here.

    I don’t care about your right to own firearms if it impedes the right to life for children.

    • Nightwingdragon@lemmy.world
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      1 year ago

      I think it’s pretty safe to ignore this troll at this point.

      He almost, kinda-sorta started off with a semi-legitimate argument, then went off track, and is now just rubbing in a mix of GOP rhetoric and childish taunts.

    • RaoulDook@lemmy.world
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      1 year ago

      Well you don’t have to care about our rights but they will remain intact because there’s still nothing you can do about it.

      But you should care about our rights, because rights are not something that is easy to obtain. You know they’re not just handing out new rights on the regular.

      • BURN@lemmy.world
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        1 year ago

        I simply do not give a shit. Your right to a gun is infinitely less important than the right to life. You’ll live without your guns. You don’t need them for your day to day life. You carry them because you’re scared of the world.

        I support the removal of every gun in civilian hands and bans on manufacturing of new ones. There should not be any way for guns to be widely available to a populace that has consistently proved over the last 20 years that they are incapable of using and maintaining them safely.

        • RaoulDook@lemmy.world
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          1 year ago

          Well tough shit, because that’s just a useless fantasy. Won’t happen in the lifetime of anyone who reads any of this.