The Law and Chaos Newsletter & Podcast

Innocent🕷Abroad @jjgass.bsky.social [ View ] Jun 21, 2024 at 18:56 UTC

One of the SCOTUS cases that won't get noticed next week in the flood of crappy decisions will be the one where they say it's unconstitutional for the government to get in touch with a social media company & say, "You know US voting machines aren't actually controlled from Venezuela, right?"

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The Law and Chaos Newsletter & Podcast @lawandchaospod.bsky.social [ View ] Jun 21, 2024 at 18:54 UTC

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The Law and Chaos Newsletter & Podcast @lawandchaospod.bsky.social [ View ] Jun 21, 2024 at 17:09 UTC

5/ Jackson's concurrence (not dissent; she joins in the result) notes that DC v. Heller was made up out of whole cloth. Maybe, Justice Jackson suggests, the Court could have cobbled together a somewhat workable jurisprudence out of just Heller. But adding Bruen to the mix made that impossible.

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The Law and Chaos Newsletter & Podcast @lawandchaospod.bsky.social [ View ] Jun 21, 2024 at 17:01 UTC

4/ From now on, I'm just going to read Justice Jackson's dissents first. She says what we all know: Bruen was wrongly decided because it's an ideology-driven madcap of a decision and it has left the law a complete and utter mess.

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The Law and Chaos Newsletter & Podcast @lawandchaospod.bsky.social [ View ] Jun 21, 2024 at 16:47 UTC

3/ If you prefer that obvious lies in Supreme Court jurisprudence come from Brett Kavanaugh instead; don't worry, he's got you covered.

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The Law and Chaos Newsletter & Podcast @lawandchaospod.bsky.social [ View ] Jun 21, 2024 at 16:23 UTC

2/ Also note that whenever the Court's conservatives talk about the "history and tradition" of the Second Amendment," they can cite to no cases between 1789 and 2007. It's as if history began in the 11th century, took 230 years off, and then began again in 2008 when Scalia discovered it.

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The Law and Chaos Newsletter & Podcast @lawandchaospod.bsky.social [ View ] Jun 21, 2024 at 16:19 UTC

1/ Like the NRA, Justice Gorsuch's concurrence in today's Rahimi decision quotes only the second half of the Second Amendment. When a lobbying group does it, that's one thing. When a sitting Supreme Court justice does it, you know that we've entered the land of make-believe.

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The Law and Chaos Newsletter & Podcast @lawandchaospod.bsky.social [ View ] Jun 21, 2024 at 15:56 UTC

Consider that if your method of Second Amendment jurisprudence involves a lengthy discuss of King Canute's frankenpledge system of ten-man tithings from the year 1016, then maaaaaaaaybe, just maybe, you're not doing real American law stuff in the 21st century?

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The Law and Chaos Newsletter & Podcast @lawandchaospod.bsky.social [ View ] Jun 21, 2024 at 14:27 UTC

2/ It's a good *result* but continues the Roberts Court's absolutely bonkers wholesale rewriting of the Second Amendment, which - contrary to the appeal to "tradition" - was not used to strike down a single state or federal gun control law until 2008 (!!)

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The Law and Chaos Newsletter & Podcast @lawandchaospod.bsky.social [ View ] Jun 21, 2024 at 14:25 UTC

1/ The fifth and final SCOTUS opinion today - so no immunity decision yet - is US v. Rahimi, in which the Court, 8-1, upholds 18 USC 922(g)(8) prohibiting domestic abusers from owning firearms. Thomas is the sole dissent.

www.supremecourt.gov/opinions/23p...

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