‘In recognizing a constitutionally protected right to carry a handgun in public for self-defense, the court is telling us all that we are unsafe, but our elected representatives cannot rely on evidence-backed solutions to this violence. Instead, we must defend ourselves with deadly force. This response does not seek to present a thorough discussion of the failings in Bruen. Time, and the collective brain trust of my more experienced colleagues, will bring these to light. Instead, I seek only to point out a few of the ways that the court has moved our country in a dangerous direction, in reckless disregard for the safety of our communities and our democracy.
In his opinion, Justice Clarence Thomas returns multiple times to the theme that somehow the Second Amendment has fallen into disfavor before the courts — that the means-end scrutiny of the now-defunct two-step analysis relegated to legislators and eventually judges the decision of whether protecting the right is “really worth insisting upon.” This theme has become popular among gun rights advocacy groups, though it has been thoroughly discredited.’
This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Bruen. Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Last week, the juris doctors of the Supreme Court looked at the gun violence epidemic in our count
www.scotusblog.com
In his concurrence, Alito lies about those who support the may issue provision of the law, falsely stating that they don’t understand the fear of those who wish to carry handguns for self-defense.
Alito’s lie unwittingly exposes the fundamental flaw of conservative jurisprudence concerning the regulation of firearms, which is to surrender to fear and abandon any efforts to address crime that doesn’t involve violence.
Bruen is yet another example of the intellectual laziness and dishonesty of conservative jurists.