Jelly, jelly so fine

Tuesday, December 20, 2022

MAGA conservatives 💜 wife beaters?

I had been meaning to get into this one. Perhaps my headline is slight hyperbole? Maybe I should say they just love their guns more than they do their domestic partners.

A Texas judge rules federal gun restrictions on domestic abusers are unconstitutional. A Trump Judge says that because this restriction was not enumerated when the Constitution was written, perpetrators of domestic violence get to keep their firearms.

Under a federal law, people who are subject to domestic violence protection orders are prohibited from having access to guns.

In November, a federal judge in the Western District of Texas ruled that this law violates the Second Amendment to the Constitution, because no such gun restrictions existed when the country was founded. But keeping guns out of the hands of domestic abusers saves lives, advocates say, and academic researchers say studies support that claim.

This ruling is a poster child for why originalism is a total crock of shit. People are going to get hurt. Read the actual ruling. Frightening as hell.

More here.

Eric Ruben, an assistant professor of law at the Southern Methodist University Dedman School of Law, said the recent opinions from Counts are a direct result of the Supreme Court’s June ruling.

“The court said that the way that you’ve got to decide the constitutionality of modern-day gun laws … is not by looking at modern policy considerations, but rather looking at historical laws and trying to analogize specific legal traditions from a very different time and place,” Ruben said.

But the landscape around domestic violence and firearms has changed dramatically since the late 1700s when the Second Amendment was ratified.

Not only have firearms become much more deadly than the muzzle-loaded guns used in that era, but views about gender roles and domestic violence have developed significantly, Ruben said.


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