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Supreme Court Ruling time again

Unsurprisingly, the Supreme Court expanded guns rights in their Second Amendment ruling today:

The Supreme Court struck down New York state’s system for issuing concealed weapons permits, ruling that the century-old law requiring that applicants demonstrate “proper cause” and “good moral character” violates the Second Amendment.

The 6-3 decision, New York State Rifle & Pistol Association Inc. v. Bruen, marks the widest expansion of gun rights since 2010, when the court applied nationwide a 2008 ruling establishing an individual right of armed self-defense within the home. It puts in question similar laws in at least eight other states and the District of Columbia, where authorities hold substantial discretion over issuing concealed-weapons permits.

While Republican-leaning states have been loosening gun regulations over the past decade, California, Hawaii and more urban states in the Northeast have maintained their traditional limits on concealed weapons.


Over the long run, this is going to make curbing gun violence more difficult, when they cast the Second Amendment as an individual right, rather than the right to participate in a "well-regulated militia."
 
Unsurprisingly, the Supreme Court expanded guns rights in their Second Amendment ruling today:




Over the long run, this is going to make curbing gun violence more difficult, when they cast the Second Amendment as an individual right, rather than the right to participate in a "well-regulated militia."

It is a really strange argument to cite "history" as a reason why a 100 year-old law should be overturned, in a country less than three hundred years old.
 
Many of the current Justices think of themselves as "originalists", but they're very selective about what they consider original.
I'm obviously a johnny foreigner but I would have thought "originalists" would look down on amendments
but maybe I am a bit too literal
I know there are a majority of horrible people on there right now
 
The Supreme Court and the US Constitution.

I think there is a basic missunderstand about the US Constitution, many people believe the Constitution "gives them rights", but they are wrong. The US Constitution is just confirming their "inalienable rights." in law and describes the roles and responsibilities of the arms of the government and citizens.

The aim of the Constitution when written was to protect the citizens from Government overreach. The constitution was written to limit the power of the government over its citizens, not to grant the citizens their rights.

I believe the Supreme Court got this latest ruling right in law and I'll explain why. All amendments in the US Constitution carry the same weight with the Supreme Court, none hold more power than others. Lets look at the effect of the laws imposed by the State of New York on the 2nd amendment, they require that applicant must “demonstrate a special need for self-protection distinguishable from that of the general community.” and “good moral character”. This puts restrictions on the citizens of NY State's 2nd amendement rights compared to other citizens of the USA, which makes these laws in NY clearly unconstitutional. (Personally I think the lawyers acting for the State of New York made a massive mistake allowing this case to reach the Supreme Court, they must have fully understood the ramifications of losing this case, not only for New York but for many other States that has put restrictions on the 2nd amendment. According to reports in the press Connecticut, Delaware, Rhode Island, California, Hawaii, Maryland, Massachusetts and New Jersey who have similar laws that legislators will now have to rewrite to comply with the Supreme Court ruling, or risk facing legal challenges that their current laws are unconstitutional. The Supreme Court ruling does not immediately nullify or revise these state laws; it just makes clear that they are unconstitutional, effectively forcing state officials to revamp them).

The 2nd amendement was proposed by James Madison to "allow the creation of civilian forces that can counteract a tyrannical federal government", he made it very clear in his writings and speeches that the 2nd amendment was there to protect the people against their government. (I fully understand the arguements about "militia" but that has been settled in law in the USA, so there the debate about it in law is over).

Now lets look at other other amendments and see how state's puting restrictions on them could effect them. Lets take the 1st amendment, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances". What if the state of California decided to pass a law saying that free speach was only available with-in the home or at public and government meetings, it was to be restricted in traditional public forums, such as the public sidewalk or public parks because what you say may "offend" someone. Would that be okay with people, I think not. There are some restrictions on free speach where they conflict with with other laws and freedoms, they include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats.

What about the 6th amendment which among other things says "a person accused of a crime has the right to confront a witness against him or her in a criminal action". Now what if a state like Texas passed a law that said "you only have the right to confront your accusers if you can show you have the funds to pay their legal cost if you lose your case". I've heard many times over the years people claiming that a defendant who loses their case should pay the legal cost of the prosecution and the court. It should not be a burdon on the tax payer, but the tax payer should only pay for a public defender, so everyone has the right to legal representation. This would be a restriction on your 6th amendment.

I'm sure I could come up with many more and better examples of restrictions on an individuals Constitutional rights if I had time, but my point is, you can't just apply restrictions on rights you don't agree with, it is the thin end of the wedge. If you allow your government to restrict some rights without complaining they will end up restricting all your rights.

I'm not a gun rights activist and opposed Bolsonaro new gun laws here in Brazil, I'm just pointing out that as a matter of law the Supreme Court were right in this case. If you allow your government to whittle away the rights you don't agree with they will for sure at some point do the same to rights you agree with.
 
Another ruling that doesn't bode well for the average citizen:

The magic words beginning the Miranda warning that many know by heart – "you have the right to remain silent" – may be enshrined in Hollywood shows and films, but Thursday's Supreme Court decision means its civil rights protections will be significantly reduced, legal experts told USA TODAY.

The 6-3 decision, with the court's three liberal judges dissenting, in Vega v. Tekoh, essentially concluded that failing to "Mirandize" or give someone their Miranda warning, does not allow a person to sue law enforcement for a federal civil rights violation of the Fifth Amendment's protection against compelled self-incrimination.

Though the decision does not mean Miranda goes away, it guts a major pathway – filing a civil rights lawsuit – to incentivizing police to provide a Miranda warning and ensuring their accountability when they do not, said Emily Galvin-Almanza, co-founder of Partners for Justice, a nonprofit that works to empower public defenders nationwide. She said it also prevents a record of past civil rights misdeeds that can potentially be used to discredit an officer in any future criminal proceedings.

The change also makes it easier for police to obtain coerced confessions – by continuing to ask questions even if someone doesn't want to speak – and lets them play with what wiggle room their positions of power already give them, legal experts said.

"The courts are not generous in how they interpret people interpreting their rights. You have to say the magic words," Galvin-Almanza said. "This decision is really damaging because it says the courts don't have to tell you what the magic words are. You better come in knowing your rights."


If you have kids, you should sit them down and explain how and why you don't answer questions from the police or allow them to search your car. Most kids have a natural tendency to be helpful and be cooperative with authority. They need to be hardened against this tendency.
 
It is a really strange argument to cite "history" as a reason why a 100 year-old law should be overturned, in a country less than three hundred years old.
This ruling is a good example of the hypocrisy of the whole thing. They cite history when it suits, originalism when it suits, etc, etc. And the conservative judges generally bang on about state rights... when it suits.
 
Many of the current Justices think of themselves as "originalists", but they're very selective about what they consider original.

shame they cannot bring in a law that states you can carry an weapon in public but you have to sign up to a legal register stating that you have a small penis
 
shame they cannot bring in a law that states you can carry an weapon in public but you have to sign up to a legal register stating that you have a small penis
you seem peculiarly taken with the notion there's a connection with having a gun and penis size.
 
you seem peculiarly taken with the notion there's a connection with having a gun and penis size.

i don't see the peculiarly taken remark Mr Pickmans ,

but like massive car and trunks if a guy feel to need or right to wonder around the street carring a high caliber firearm or AR-15 in public at all times
i believe the individual doing it would be overcompensating

as the guy below , not sure what a well arm milita has got to do with getting coffee


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According to sky news the Republican party next targets are same sex marriage and conception

Supreme Court Justice Clarence Thomas on Friday called for overturning the constitutional rights the court had affirmed for access to contraceptives and LGBTQ rights in an opinion concurring with the majority to decision to overturn Roe v. Wade.

In his separate opinion, Thomas acknowledged that Friday’s decision does not directly affect any rights besides abortion. But he argued that the constitution’s Due Process Clause does not secure a right to an abortion or any other substantive rights, and he urged the court to apply that reasoning to other landmark cases.

Thomas wrote, “in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”

Since Justice Samuel Alito’s draft majority opinion was leaked earlier this year, Democrats and liberal activists have warned that the conservative majority would soon turn its attention to other rights that the court has affirmed.

The three cases Thomas mentioned are all landmark decisions establishing certain constitutional rights.

In Griswold v. Connecticut, the court ruled in 1965 that married couples have a right to access contraceptive. In 2003, the court said in Lawrence v. Texas that states could not outlaw consensual gay sex. And the court’s 2015 decision in Obergefell v. Hodges established a constitutional right to same-sex marriage.


I think they'll probably try to get this done sooner rather than later. It used to be against Supreme Court operating procedures to promote certain cases, but that's gone of the window in the last couple of years. They'll bump up cases about gay rights and contraceptives in the que as soon as possible. They won't risk losing the conservative majority on the court, so they'll do this in the next term.
 

I think they'll probably try to get this done sooner rather than later. It used to be against Supreme Court operating procedures to promote certain cases, but that's gone of the window in the last couple of years. They'll bump up cases about gay rights and contraceptives in the que as soon as possible. They won't risk losing the conservative majority on the court, so they'll do this in the next term.
We've got some particularly nasty, thick scum over here bigging up the terrible decision. All the more perplexing given that MP Benton is openly gay.

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