
“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.”
That, in a nutshell, is the holding in United States v. Rahimi, the SCOTUS decision handed down this morning.
I’m a hardliner regarding “pre-crime,” and I am unalterably opposed to measures removing citizens’ rights without a finding of guilt in a criminal prosecution. However, Justice Roberts’ majority opinion is well-reasoned and carefully limited, with “temporary” being the key word. I also think it is crafted in such a way that so-called “red flag” laws are not going to be able to use this case as precedent to survive constitutional challenges. I have not yet read all of the concurrences, of which there are many.
What is perhaps more significant than the decision itself was the vote: 8-1 in favor of the law in question. (Anyone who can’t guess who the lone dissenter was, as well as the basis for his dissent, has not been paying attention.) This, along with the less consequential decisions handed down yesterday, powerfully counters the false Democratic narrative that the current Supreme Court is an ideologically biased body unalterably allied with the far right, as three heroic and caring progressive women futilely battle for the soul of the nation.
This unethical framing has been concocted to justify an assault on the legitimacy on the Court and its decisions, all as part of the “Stop Trump or it will be the end of democracy!” campaign. In reality, the characterization is garbage, and has always been garbage. The lie is still effective because the percentage of the public that reads SCOTUS decisions, never mind understands them, can reliably be estimated to be in single digits.
None of yesterday’s decisions split along the supposedly frozen-in-granite 6-3 blocs, and today’s decision infuriating Second Amendment absolutists even had the hated Justice Alito voting with the majority.
Of course, I suppose he should be expected to favor red flag laws….