- Oct 17, 2011
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Chief Justice John Roberts, in the majority opinion, responded to the idea that the high court’s previous decisions have locked judges into specific laws that were on the books at the time of the Second Amendment’s enactment, Roberts said that some lower courts have “misunderstood the methodology of our recent Second Amendment cases.”
“Our tradition of firearm regulation allows the government to disarm individuals who present a credible threat to the physical safety of others,” Roberts wrote.
“The Court and Government do not point to a single historical law revoking a citizen’s Second Amendment right based on possible interpersonal violence,” Thomas wrote. “Yet, in the interest of ensuring the Government can regulate one subset of society, today’s decision puts at risk the Second Amendment rights of many more.”
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Thomas' historicity hobby-horse was recently called out by Amy Coney Barrett.
Though Barrett acknowledged in her opinion that “tradition has a legitimate role to play in constitutional adjudication,” the Trump nominee said that “the court’s laser-like focus on the history of this single restriction misses the forest for the trees” and sought to poke holes in the history and tradition-first route taken by Thomas and the other conservative justices who agreed with his legal rationale.
“Our tradition of firearm regulation allows the government to disarm individuals who present a credible threat to the physical safety of others,” Roberts wrote.
“The Court and Government do not point to a single historical law revoking a citizen’s Second Amendment right based on possible interpersonal violence,” Thomas wrote. “Yet, in the interest of ensuring the Government can regulate one subset of society, today’s decision puts at risk the Second Amendment rights of many more.”
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Thomas' historicity hobby-horse was recently called out by Amy Coney Barrett.
Though Barrett acknowledged in her opinion that “tradition has a legitimate role to play in constitutional adjudication,” the Trump nominee said that “the court’s laser-like focus on the history of this single restriction misses the forest for the trees” and sought to poke holes in the history and tradition-first route taken by Thomas and the other conservative justices who agreed with his legal rationale.