News
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
view the rest of the comments
I'm astounded to see that written that way. The crowd that always angrily asks "WHAT PART OF SHALL NOT BE INFRINGED DO YOU NOT UNDERSTAND" thinks there is no limit to the rights of people to bear arms.
I'm pleasantly surprised to see most of the justices agreeing that the right "is not unlimited". The only holdout is Thomas. I'm sure he came about his vote through quiet introspection and reflection. (Or, possibly, bribery....)
I haven't kept up with his output, but when I was studying SCOTUS cases years and years ago, his opinions, mostly dissents or concurrences back in those days, were just bafflingly literal and lazy. Shit like, "I would declare the government's actions unconstitutional because they're regulating cars and the word 'car' is not in the Constitution."
I can't believe his thread of, I won't even call it originalism, more like historical-context-free literalist textualism, has gained any traction.
I've found they do tend to be more blunt and straightforward. I think to understand them you have to start from the lens of his that stare decisis is a poor doctrine. Many of his dissents have such strong departures from the main opinion because of this. If you don't presuppose things like the Wickard V Filburn case's impact on the commerce clause dissents like Gonzalez v Raich, seem much more plausible.
I can imagine an abhorrent precedent like Dredd Scott leaving a bad taste in a young black lawyer's mind, but it's certainly an odd way to approach jurisprudence in a common law country, and it's a pretty shit way to regulate a complicated body of law that relies on litigation for clarity. Combine it with a simplistic version of originalism once stare decisis is discarded, and I stand by my statement: bafflingly literal and lazy, and I'll add arrogant. "I know best, the entire body of built up law that came before me is without value, and the decisions that real people make under their influence are gauze in the wind." It invites constant relitigation and enables the most extreme kind of judicial activism while claiming to be above that fray.
To be fair, the person usually saying that, Infringed is the biggest word they know.
This is obviously a victory for humanity overall, but does anyone think the Supreme Court could take this new definition and use it to take guns away from regular people? I'm an idiot so if anyone can tell me why this isn't a possibility, I'll be relieved. The thing is, if Trump getting elected again does lead to the fall of democracy in this country (which I doubt, but it's definitely more possible than any other candidate we've ever had), couldn't the Supreme Court take guns away from people who opposed him?
It's a very good point you bring up. It's worth pointing out that this case hinged on the fact that the guy whose gun got taken away had a restraining order against him, so that meant that a court had already determined that he posed a danger to someone. And there is historical basis for taking guns away from dangerous people.
One of the benefactors of this new approach, ironically enough, may be Hunter Biden. I saw an article saying that this ruling may help him appeal his conviction, because he is a first-time offender so no court had any reason to make a ruling on him at all.
Thank you for elaborating the actual case, this makes sense.