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Thomas the Only Justice to Dissent in United States v. Rahimi
AmmoLand ^ | 28 June, 2024 | Dean Weingarten

Posted on 07/01/2024 4:40:09 AM PDT by marktwain

Justice Clarence Thomas wrote a wonderful dissent in the Rahimi case, released on June 21, 2024, almost exactly two years after the clear and well-written Bruen opinion.

The Rahimi opinion has been released by the Supreme Court. It is an eight-to-one decision with Justice Clarence Thomas dissenting. In spite of the terrible facts and unsympathetic defendant in the case, Rahimi was not a significant win for those who want the American population disarmed. It was a very narrow decision based on the narrow facts of the case, so the opinion, while not wonderful, is not as damaging as some think.

The Supreme Court opinion, written by Chief Justice Roberts, is narrow, as applied to the Rahimi case. It is extremely limited.  From the opinion, page 1:

Held: When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment. Pp. 5–17.

(a) Since the Founding, the Nation’s firearm laws have included regulations to stop individuals who threaten physical harm to others from misusing firearms. As applied to the facts here, Section 922(g)(8) fits within this tradition.

Justice Clarence Thomas may be the most well-reasoned and disciplined Justice on the Supreme Court. In his dissenting opinion on Rahimi, Thomas shows the weakness of the majority opinion. His dissent gives Constitutionalists and Originalists a roadmap of how to argue decisions on other cases going forward, including future challenges to the ban on guns coming from domestic violence restraining orders, indeed from the entire Lautenberg Amendment disaster.

The dissent makes clear that no historical tradition of firearms regulation is consistent with U. S. C. §922(g)(8). From the Dissent, page 1


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: banglist; rahimi; scotus; thomas
Justice Clarence Thomas, in his dissent, offers a roadmap of how to argue future cases involving the Second Amendment.
1 posted on 07/01/2024 4:40:09 AM PDT by marktwain
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To: marktwain

We need 7 of him on the Court.

L


2 posted on 07/01/2024 4:41:26 AM PDT by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: Lurker

“We need 7 of him on the Court.”

Of course, but the NeverTrumpers crack me up as they claim to want the same, but play dumb when you tell them it’s not possible to even go in that direction when Trump is the ONLY Republican on the ticket (in November), yet they are going to vote against him.

Which leads to the obvious question: Do they REALLY want conservative judges, or are they REALLY that dumb?


3 posted on 07/01/2024 4:47:22 AM PDT by BobL
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To: Lurker
We could do better than that.


4 posted on 07/01/2024 4:49:39 AM PDT by C210N (Mundus vult decipi, ergo decipiatur.)
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To: BobL

No, Yes.


5 posted on 07/01/2024 4:50:29 AM PDT by Paladin2
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To: C210N

LOL,

That’s a fun thought.


6 posted on 07/01/2024 4:51:22 AM PDT by Paladin2
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To: marktwain

Property should never be confiscated…period! First off, what’s considered “a danger”? Reading a Bible? Yelling at a child? Losing your cool while driving?

Should we pass a law that getting an abortion can be taken away if you’re found “a danger to society”? I guess we should confiscate bats, hammers, crowbars and fists if someone is deemed a “danger”.

Thomas is right in his dissent.


7 posted on 07/01/2024 4:52:47 AM PDT by mikelets456
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To: mikelets456

The regulatory argument has been \purposefully\ narrowed from the Constitutional phrase “arms” to the modern phrase (hardly is ever used by the Founders), “firearms”.

Bats, cars and swimming pools are allowed, although these kill more US citizens, collectively, than any one NRA member.


8 posted on 07/01/2024 5:08:27 AM PDT by Cletus.D.Yokel (When I say "We" I speak of, -not for-, "We the People")
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To: marktwain
"individual may be temporarily disarmed consistent with the Second Amendment"

The Second Amendment denies government any authority to infringe on the right to keep and bear arms.

9 posted on 07/01/2024 5:13:06 AM PDT by Dalberg-Acton
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To: marktwain

I do agree with Thomas. If there’s enough of a concern to take away guns regarding alleged domestic violence, then file charges and prosecute. And jail those found guilty.

And please, no crying about how the courts are stacked against men. Keep your affairs regular and that possibility is minimized.


10 posted on 07/01/2024 5:16:15 AM PDT by Fury (I )
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To: Paladin2

11 posted on 07/01/2024 6:24:10 AM PDT by C210N (Mundus vult decipi, ergo decipiatur.)
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To: marktwain
Thomas argues the only correct conclusion: the law is unconstitutional as written because it does not require any due process or ability to contest the order before banning a person from bearing arms and carries substantial criminal penalties. The only historical analogue would be a requirement to post a bond.

The fact that there are so many concurring opinions shows how the remaining "conservative" justices weaseled out from the only rational conclusion following Bruen.

They know what the 2nd Amendment means, but simply refuse to enforce it like the rest of the Bill of Rights, so they still treat it as a stepchild, which does not bode well for the AW and magazine ban cases.

12 posted on 07/01/2024 6:34:41 AM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: C210N

LOL!!!


13 posted on 07/01/2024 8:18:53 AM PDT by Enterprise
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To: mikelets456

“we should confiscate” ‘Rat voices....


14 posted on 07/01/2024 9:01:33 AM PDT by Paladin2
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To: C210N

LOL,

U may have too much time on your hands and too much access to AI like digital tools.


15 posted on 07/01/2024 9:04:20 AM PDT by Paladin2
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To: mikelets456
Should we pass a law that getting an abortion can be taken away if you’re found “a danger to society”?

Anyone who seeks an elective abortion is a danger to herself and others.

1) Danger to self: both surgical and chemical abortions carry much greater risk of harm than completed pregnancy.

2) Danger to others: the abortion-minded woman has a clear, stated intent to kill another person.

Such women should be remanded to custodial psychiatric care until the danger has passed.

16 posted on 07/01/2024 9:09:11 AM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: Lurker
We need 7 of him on the Court.

If we're going to clone him, might as well do it 9 times. His dissents are always worth reading, even on those rare occasions where I disagree with him.

17 posted on 07/01/2024 10:29:09 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: marktwain
So-called "Red Flag" laws are completely unconstitutional as the defendant is guilty until proven innocent.

Let's Red Flag every politician out there. Take their driver's license away so they don't use the car to harm someone. Take their silverware, shoe laces, string, rope, extension chords, candlestick holders, hammers, wrenches, cleansers, the drain plug on the bath tub, their toasters, scissors, pencils, etc.

18 posted on 07/02/2024 8:59:38 PM PDT by T.B. Yoits
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