New York Attorney General Letitia James on Monday filed to stay a lower court order knocking down much of a new New York gun law, and to keep that order on ice until the appeals process is resolved.
“A well regulated”…the first three words of the Second Amendment that in terms of strict construction, original intent and originalism means no regulations.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Seems to me a PLAIN reading of the text pretty clearly implies that the people keeping and bearing arms are expected to be part of a well regulated militia. Absent said militia, or absent membership in such militia, “people” should not have arms.
I think that could be considered a fair understanding, although that is probably not an opinion popularly shared.
its seems that this ruling was mostly about trolling blue states and cities… they know that we overwhelmingly don’t want more guns in NYC, and they just want to piss us off, while doing stuff that will make red state assholes happy. doesn’t seem like good jurisprudence… also, what about states rights?
What “gun rights” is he speaking of? The trend in “gun rights” has been 100 percent in the direction of more of them and a more liberal use of them.
Politicians that take advantage of a opportunity to make a false claim “Joe Biden handed over Afghanistan” will not stop taking advantage of folks once they get elected. If they lie to get there they’ll keep right on lying after getting there.
Thomas’ argument was radical and, as seen in Suddaby’s ruling, already echoing through lower courts. He said that only regulations similar to those from around the time of the country’s founding are legitimate — and that other compelling interests, like a government’s in the safety of its citizens, are not sufficient without a historical analogue.
NAL but from a commonsense perspective I would say among others we consider good and necessary, the 13th, 14th, and 15th amendments were regulations not similar to those from around the time of the country’s founding. Just saying, Justice Thomas.
Well then if we want to go all in on the originalism here, then those firearms would be flint lock muskets. They were 5’ long and weighed 10lbs. And the flint lock pistols still could only hold one shot at one time.
Right wing jurisprudence (and, the implication of “prudence” in that term is very doubtful) requires that any argument that supports a pre-existing RW conclusion, regardless of how tortured or unprecedented, must be the correct one.
This is how the GOP has deeply undermined the credibility of the SC and damaged the nation in the process.
Seriously I find the concept absurd. You can’t have sane regulations for a modern technological society at all, never mind for modern guns, if you require them to resemble regulations from the 18th century. You couldn’t regulate automobiles or airplanes. It’s entirely unworkable as a principle.