So SCOTUS today pretty much redefined firearm ownership. In overturning a NY law they set a new standard where
"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," Thomas said. "We too agree, and now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual's right to carry a hand- gun for self-defense outside the home."
To me this is hot garbage. In the leaked draft from Alito the upcoming abortion decision rests on some of the same reasoning. Only things that were ok in the past (from some arbitrary point) are ok and should guide the law going forward.
Which leads to the question, what history should you look at? For women's health decisions do we only count the periods where they had a voice in politics or does before that count because men knew better? Do we ignore the gun control regulation from the founding generation or the various court rulings finding against the individual right to own a gun as a Constitutional right.
SCOTUS at the moment is out of control and bashing through every barrier put in place by prior courts for no other reason than they have the power to do so. I guess they think they are correcting every court decision since 1920 or something.
The upcoming West Virginia case worries me as it alone could pretty much undermine how the Federal government has run from nearly the onset but in particular how it has run as the world becomes more complex. That Congress has delegated the details to regulatory agencies to adjust and update may be out the window and with it everything from worker safety, many environmental laws and so on.
It is probably the wet dream of conservative deregulator types, but it is catastrophic for any issue and greatly reduces presidential power. Not always a bad thing, but this court has very much been along the line of back GOP president unless they cannot help it and go against the Dem one. And it is fairly blatant that they are doing it.
I am sure I will be even angry in the coming days with the Dobbs and West Virginia cases looming.
Thomas makes an extension that birth control, gay marriage and so on should be reconsidered as well as they were demonstrably erroneous rulings.
So, no reason to think the hits will not keep coming on this front.
It is just some gymnastics being done to justify some positions and not others. For that matter all of this undermines the courts legitimacy.
Sure, the court should overrule bad decisions, but I think it is clear this court does not understand what that means as it ignores numerous rulings before it. As it clearly understands the Constitution better than any other court that has ever been.
What a joke.