Unchained Preppers
General Category => News & Politics => Topic started by: Nemo on June 23, 2022, 04:24:53 PM
-
goes very well. Many analyses out there. Read it. You will know more after you do. And be pleased for doing and knowing.
And this does serveral great things. Kills intermediate level scrutiny idea which many lower level courts have been trying to make the law say.
Nemo
Opinion
https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf (https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf)
Summary
https://home.nra.org/statements/nra-wins-supreme-court-case-nysrpa-v-bruen/ (https://home.nra.org/statements/nra-wins-supreme-court-case-nysrpa-v-bruen/)
Biden pissed big time
https://www.foxnews.com/politics/biden-reacts-supreme-court-gun-decision-deeply-disappointed (https://www.foxnews.com/politics/biden-reacts-supreme-court-gun-decision-deeply-disappointed)
-
Key quote from opinion.
Nemo
"The exercise of other constitutional rights does not require individuals to demonstrate to government officers some special need. The Second Amendment right to carry arms in public for self-defense is no different. New York?s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms in public. "
-
Basically staging the standard of review for future cases on lower courts.
Underline added--
Take note of that. Its important language. Not difficult to understand either.
Nemo
In the years since [Heller and McDonald], the Courts of Appeals have coalesced around a ?two-step? framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. Today, we decline to adopt that two-part approach. In keeping with Heller, we hold that when the Second Amendment?s plain text covers an individual?s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation?s historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation?s historical tradition may a court conclude that the individual?s conduct falls outside the Second Amendment?s ?unqualified command.?
-
Excellent overview.
Nemo
https://www.nationalreview.com/2022/06/the-supreme-court-strikes-a-historic-blow-for-second-amendment-rights/ (https://www.nationalreview.com/2022/06/the-supreme-court-strikes-a-historic-blow-for-second-amendment-rights/)
-
As was posted this morning in the other SCOTUS thread: The decision issued today is good news in many States that have recently restricted 2nd Amendment rights. More details can be found here: https://townhall.com/tipsheet/spencerbrown/2022/06/23/scotus-gun-case-n2609212