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The US supreme court’s rightwing justices are fighting legal monsters of their making

13 17
22.06.2024

In the late 18th century, when the constitution was ratified, men’s abuse of women was penalized by neither custom nor by the law. Men were allowed to beat their wives, their children and any women they held authority over in their personal lives: such beatings were not generally illegal, nor especially frowned upon, but understood as a private prerogative that all men held over the women in their lives.

Many men still treat such beatings this way: as an entitlement of manhood. The supreme court’s 2022 Bruen decision, authored by Clarence Thomas – a ruling that drastically expanded gun rights and restricted government ability to regulate guns to a sphere no greater than that which was practiced at the time of the constitution’s ratification – would have largely agreed with them. At least, until this Friday.

In the wake of the 2022 ruling, lower courts have ruled that, under Bruen, no gun restriction is permissible unless it has an exact historical analogue from the founding era. In the fifth circuit, this interpretation would have restored gun rights to Zackey Rahimi, a brutal and prolific domestic abuser, according to police and court records, who challenged the federal government’s right to take his guns away. In an 8-1 ruling on Friday, the supreme court narrowed its Bruen decision to keep guns out of Rahimi’s hands.

The decision is likely to save lives. Two-thirds of women who are murdered........

© The Guardian


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