Weekend Law: Gun Ban Upheld & No Review of Visa Denials
Jun 22, 2024
auto_awesome
Experts Joseph Blocher, Leon Fresco, and David Schizer discuss Supreme Court decisions on gun bans, visa denials, and tax laws. Topics include domestic violence offenders accessing firearms, State Department authority over visas, and taxing foreign business income. Hosted by June Grasso.
The Supreme Court upheld a federal gun law prohibiting those under domestic violence restraining orders from having firearms, marking a landmark decision in defining Second Amendment rights limitations.
The decision highlighted the court's cautious approach in allowing denials of firearm access to individuals deemed dangerous, setting the stage for future legal debates over gun control measures.
Deep dives
Supreme Court Upholds Federal Gun Law on Domestic Violence Restraining Orders
The Supreme Court upheld a federal gun law prohibiting those under domestic violence restraining orders from having firearms in an 8-1 vote. Chief Justice John Roberts wrote the majority decision tempering the court's expansion of Second Amendment rights, emphasizing that the Amendment doesn't protect gun rights of individuals deemed dangerous. The decision marked the court's first application of the landmark 2022 ruling in Bruin, establishing a right to carry a handgun in public and requiring historical gun law restrictions to survive.
Concurrences and Dissent Highlight Divisions Among Justices on Gun Rights
Five justices issued separate concurring opinions, showcasing potential divisions on gun rights issues. Justices Gorsuch, Kavanaugh, and Barrett's concurrences focused more on originalism, delving into how historical tradition influences judicial decisions. The variety of opinions presented a fascinating exploration of originalism's role in future gun rights cases, serving as a significant reference for judicial interpretations in this realm.
Implications of Decision Regarding Constitutional Expansion of Gun Rights
The decision in the case clarified the parameters set by the Bruin ruling on constitutional gun rights expansion. While it affirmed the government's authority to disarm individuals posing a credible threat, some aspects of the decision were deemed as a narrow win. The emphasis on extraordinary circumstances in the case, involving severe gun-related crimes, highlighted the cautious approach taken by the court in allowing denials of firearm access to certain individuals.
Potential Impact on Future Second Amendment Cases and Interpretations
The ruling opened avenues for future Second Amendment cases as unresolved questions remain on the constitutionality of prohibiting high-capacity magazines and restricting gun access in specific locations like polling places. The decision hinted at forthcoming legal debates over gun control measures, indicating that the court may confront a range of issues related to gun regulations moving forward.
Second Amendment expert Joseph Blocher, a professor at Duke Law School, discusses the Supreme Court upholding the ban on domestic violence offenders having guns. Immigration law expert Leon Fresco, a partner at Holland & Knight, discusses the Supreme Court giving unfettered authority over granting visas to the State Department. Tax law expert David Schizer, a professor at Columbia Law School, discusses the Supreme Court okaying a tax on foreign business income. June Grasso hosts.