this post was submitted on 09 Nov 2023
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Since Bruen, lower court judges applying its test have been, to use a legal term of art, all over the place, a fact repeatedly highlighted during oral arguments by Justice Ketanji Brown Jackson, who sought some, any, guidance on how the court should understand its own ruling. Again, lower courts are equally confused. One court, for example, decided that Florida’s ban on the sale of guns to 18-to-20-year-olds passed constitutional muster; another concluded that a federal law disarming people convicted of certain crimes perhaps did not.

A few judges have publicly aired their frustrations with the sudden analytical primacy of law-office history. “We are not experts in what white, wealthy, and male property owners thought about firearms regulation in 1791,” wrote one in 2022. “Yet we are now expected to play historian in the name of constitutional adjudication.” Another castigated the court for creating a game of “historical Where’s Waldo” that entails “mountains of work for district courts that must now deal with Bruen-related arguments in nearly every criminal case in which a firearm is found.”

Just goes to show how shitty, stupid, and partisan this Trump Supreme Court is.

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[–] Yewb 22 points 1 year ago (2 children)

When dumb people get out into power and they make dumb decisions why are we always supprised.

These institutions have many mechanisms to unwind bad decisions its just slow as balls and they have many judges that need to look towards party politics instead of law they need to be removed.

[–] Kbobabob 11 points 1 year ago (1 children)

These institutions have many mechanisms to unwind bad decisions

This requires a functioning government, which the US doesn't really have

[–] [email protected] 2 points 1 year ago (1 children)

This requires a functioning government, which the US doesn’t really have

By design. The people who create roadblocks like this don't want a functioning government. It gets in the way of their cruelty and exploitation of anyone who doesn't have their wealth or influence.

[–] federatingIsTooHard 0 points 1 year ago

they require a functioning government to protect private property. the government is functioning exactly as they intend.

[–] federatingIsTooHard -4 points 1 year ago

When dumb people get out into power and they make dumb decisions why are we always supprised.

when people make laws, they are unable to know how they will effect the future. I'm not doing special pleading for this court or the founders: quite the opposite. I'm saying abolition of law is the only way to ensure this kind of bad decision doesn't continue to haunt us.