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1/ In light of Amy Coney Barrett's dangerous views on choice and the ACA, her views on guns haven't gotten much attention.
But she's a radical - a blinking red outlier - on how she interprets the 2nd Amendment. Like, she wants felons to buy guns.
And you need to know. A THREAD:
But she's a radical - a blinking red outlier - on how she interprets the 2nd Amendment. Like, she wants felons to buy guns.
And you need to know. A THREAD:
2/ Like Gorsuch/Kavanaugh/Alito/Thomas, she is an "orginalist" on guns. It's total BS - just a way to legislate from the court and invalidate modern gun laws.
But basically, she believes that if the regulation didn't exist in 1787 then it's unconstitutional.
But basically, she believes that if the regulation didn't exist in 1787 then it's unconstitutional.
3/ So, for instance, that makes it easy for her to rule against bans on weapons that didn't exist in the 1700s (like semi-automatic weapons), or restrictions on guns in places that didn't exist (like airplanes), or background checks for felonies that post-date 1787.
4/ But it's not just her general philosophy - it's her stunning dissent in Kanter v. Barr. There, she broke with decades of precedent (and Scalia's decision in DC v. Heller) upholding the constitutionality of background checks, and argued that felons have a right to own guns.
5/ In Kanter, Barrett said two things that made clear she intends to legislate from the bench.
First, she said that courts, not the legislature, should decide who is too dangerous to own a gun. She said courts should take that power away from the legislature. Just mind-blowing.
First, she said that courts, not the legislature, should decide who is too dangerous to own a gun. She said courts should take that power away from the legislature. Just mind-blowing.
6/ Second, she said that legislatures had to "prove" that the gun law they passed would reduce violence, and claimed Wisconsin hadn't provided that proof. Thus, Barrett said the restriction was unconstitutional.
7/ But Wisconsin HAD provided proof. It just wasn't ENOUGH for Barrett, who clearly had read plenty of NRA-funded studies arguing against background checks.
So, Barrett thinks that gun laws are unconstitutional so long as a study exists that says more guns equal less crime.
So, Barrett thinks that gun laws are unconstitutional so long as a study exists that says more guns equal less crime.
8/ This is all REALLY radical stuff.
Coney Barrett will be the 5th vote to rewrite the 2nd Amendment. SCOTUS will be able to rule bans on assault weapons and background checks unconstitutional.
The plan to legislate gun policy from the bench.
We can't let it happen.
Coney Barrett will be the 5th vote to rewrite the 2nd Amendment. SCOTUS will be able to rule bans on assault weapons and background checks unconstitutional.
The plan to legislate gun policy from the bench.
We can't let it happen.
