Thursday, May 26, 2022

In Heller, In 2008, Scalia Created A Right Out Of Thin Air... Ignoring "Well-Regulated Militia" In The Second Amendment...


And children -- children! -- have been slaughtered, in shockingly-vast numbers. . . by AR-15s, ever since. [And before that as well, to be fair, but the Heller case emboldened states to allow open carry of AR-15 assault weapons without fear of seeing the Supremes strike the laws down.]

It is not difficult to trace a direct line from Bush 43's active thwarting -- of Democratic efforts to continue the federal assault weapons ban (a ban passed during the Clinton Administration, but with a sunset date). . . to Scalia's "pure fantasy" Heller opinion (over-ruling a half century of Supremes' precedents to boot), striking a DC law that prohibited guns in the District. . . and now, on to. . . Sandy Hook, Route 91 Harvest Music Festival / Las Vegas, Mother Emmanuel, Marjory Stoneman Douglas, Pulse Nightclub, Boulder / King Soopers, Topps / Buffalo, and dozens of others, but this week, to Uvalde, Texas.

The text of the Second Amendment itself concerns. . . "well-regulated" militias. . . not nut-job privateers with weapons of war, at the Wal-Mart. Yes -- I contend we are now a nation of savages, for allowing Scalia's lies to kill hundreds of children. This past year, gun violence became the LEADING cause of death for children and teenagers (ages 1 to 19) -- eclipsing car crashes. Let us hear from the dissent -- it gets the law down right -- from retiring Justice Breyer, and the long dead Justice John Paul Stevens:

. . .The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution. . . .

No new evidence has surfaced since 1980 supporting the view that the Amendment was intended to curtail the power of Congress to regulate civilian use or misuse of weapons. Indeed, a review of the drafting history of the Amendment demonstrates that its Framers rejected proposals that would have broadened its coverage to include such uses. . . .

As Justice Cardozo observed years ago, the “labor of judges would be increased almost to the breaking point if every past decision could be reopened in every case, and one could not lay one’s own course of bricks on the secure foundation of the courses laid by others who had gone before him.” The Nature of the Judicial Process 149 (1921). . . .


I trust that the Notorious RBG is telling Scalia right now, in suitably dramatic / operatic terms -- about the horrific cost his terrible and ahistorical lies. . . engendered, just in the years since he fell dead. Damn.

In a supreme bit of irony, when Tangerine speaks to the NRA / Bloodfest this Friday (in Texas, of course!), after days of everyone walking around armed to the teeth -- the hall will be cleared, and all admittees inside to hear Tangerine. . . will be patted down to verify they have no firearms. They must take them back to their vehicles, or hotel rooms before listening to him.

Gee -- Donnie. . . so much for your "very fine people," huh? Again. . . damn.

नमस्ते

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