Adam Liptak, a Supreme Court reporter, discusses a critical gun case argued before the Supreme Court that may limit gun ownership for individuals with domestic violence restraining orders. The episode explores the establishment of a new standard for judging gun control measures, the interpretation of the Second Amendment, and the potential impact of the court's ruling on future gun laws.
The Supreme Court's recent gun case suggests a potential limitation on gun rights for individuals under domestic violence restraining orders.
The court's conservative justices appear inclined to uphold the law disarming domestic abusers, sparking questions about the broader application of the historical test to other gun control measures.
Deep dives
The Case: United States vs. Rahimi
The Supreme Court heard oral arguments in a critical gun case, examining whether the government can make it a crime for someone to possess a gun if they are the subject of a domestic violence restraining order. The court's conservative supermajority seemed inclined to limit further freedoms for gun owners based on their questioning. This case holds significance on two levels: the immediate question of gun possession and domestic violence restraining orders, and the broader issue of the court's new Second Amendment standard, established in the Bruin decision. The historical test set by Bruin caused confusion and led to the striking down of gun control laws that lacked clear historical analogies. The outcome of this case will impact gun laws and their interpretation for years to come.
The Arguments: Pre-Lager vs. Wright
During the oral arguments, the legal representatives presented their positions. Solicitor General Elizabeth Pre-Lager, representing the Biden administration, argued that guns and domestic abuse create a lethal combination, emphasizing the historical principle that the Second Amendment protects law-abiding and responsible citizens. She pointed out that responsible people aren't dangerous and that general laws from the founding era allowed the government to disarm dangerous individuals. Pre-Lager's argument resonated with the conservative justices, who seemed inclined to rule in favor of the law. On the other hand, Matthew Wright, representing Rahimi, struggled to articulate his argument that there is no historical analog for domestic violence restraining orders in the founding-era laws. Justices Thomas and Alito, both conservative, expressed reservations about the due process and implications of the historical standard.
Implications and Future Considerations
The ruling in United States vs. Rahimi is anticipated to be narrow, with the court likely upholding the law against Rahimi but avoiding significant damage to the broader historical test set by the Bruin decision. However, the case raises broader questions about the application of the historical test to other gun control measures. Numerous cases challenging gun laws are pending in lower courts, covering areas such as mental illness, drug use, and the possession of certain firearms. The court will grapple with further interpretations of the Second Amendment and its historical context in deciding these cases, leading to potential shifts in the understanding and regulation of gun rights in the United States.
A critical gun case was argued before the Supreme Court this week. But instead of opening further freedoms for gun owners — as the court, with its conservative supermajority, did in a blockbuster decision last year — justices seemed ready to rule that the government may disarm people under restraining orders for domestic violence.
Adam Liptak, who covers the Supreme Court for The Times, explains why.
Guest: Adam Liptak, who covers the Supreme Court for The New York Times and writes Sidebar, a column on legal developments.
For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.
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