Rahimi and The Roberts Court’s All New, Also Old, Second Amendment Doctrine
Jun 22, 2024
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The podcast discusses the Supreme Court's decision on domestic abusers possessing firearms, the evolution of Second Amendment doctrine, the impact on marriage equality, and the legal battle on spousal immigration rights.
56:14
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Quick takeaways
The Supreme Court reiterated restrictions on firearm possession for domestic abusers, balancing Second Amendment rights and public safety.
The podcast explores evolving legal interpretations on Second Amendment rights, highlighting key Supreme Court cases and their implications.
Concerns arise over potential threats to marriage equality and liberty interests in light of recent Supreme Court rulings on non-citizen spouses.
Deep dives
Maintenance Engineer's Unique Perspective
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Review of Recent High Court Decisions
The podcast delves into two significant recent Supreme Court rulings. The first case, Rahimi, addressed the possession of firearms by domestic violence abusers following a Second Amendment expansion. The court's decision highlighted the complexities of interpreting Second Amendment rights. The second case, Department of State v. Munoz, explored fundamental rights concerning non-citizen spouses entering the country, revealing broader implications about liberty interests and current legal frameworks.
Analysis of Second Amendment Evolution
The podcast scrutinizes the evolution of Second Amendment interpretation over the years. It traces the shift from collective militia-based rights to individual self-defense rights as established in landmark cases like District of Columbia v. Heller and McDonald v. City of Chicago. The discussion also dissects recent Supreme Court decisions like New York State Rifle and Pistol Association v. Bruen, which altered the legal methodology for evaluating firearm laws.
Implications for Gun Regulation Legislation
The conversation weighs the challenges faced by legislators in drafting gun regulations post-Bruin. It examines the intricate process of aligning laws with constitutional principles while considering historical precedents and societal norms. The analysis underscores the complexities of evaluating modern gun laws in the context of historical analogies and the need for clarity in legislative processes.
Sotomayor's Dissent and Concerns About Marriage Rights
Justice Sotomayor's dissent in the Munoz case expresses deep concerns over the erosion of marriage rights and liberty interests. She highlights the broader societal repercussions of narrowing constitutional protections for spouses to live together. Drawing parallels to landmark marriage equality cases, Sotomayor warns of potential threats to foundational principles as hinted by the Munoz ruling, signaling potential uncertainties and future legal challenges.
Signal of Uncertainty in Legal Precedents
The podcast underscores the prevailing uncertainty surrounding legal precedents and constitutional interpretations. It reflects on the destabilizing effect of evolving legal standards, exemplified in recent court rulings that challenge established principles. The discussion delves into the complexities and anxieties arising from shifting interpretations of fundamental rights and their implications for future legal landscapes.
Another major case for the “not a loss/not exactly a win” pile this term at SCOTUS. A majority of the Supreme Court’s conservative majority said what we knew all along - adjudicated domestic abusers shouldn’t hold onto second amendment rights and the guns that they are statistically, horrifyingly, apt to use to harm their intimate partners. In an 8-1 decision in United States v Rahimi, the Roberts Court looked frantically for a way to reverse out of – while still technically upholding – its bonkers extreme originalism-fueled Bruen decision from two terms ago.
This week Dahlia Lithwick and Mark Joseph Stern are joined by Kelly Roskam, the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Solutions.
Later in the show, Mark and Dahlia look under the hood of Department of State v Munoz - an immigration case decided this week that Justice Sotomayor says is sewing seeds for the end of marriage equality as we know it.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
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