Amicus: Rahimi and The Roberts Court’s All New, Also Old, Second Amendment Doctrine

Slate Crime and Justice

Another major case for the “not a loss/not exactly a win” pile this term at SCOTUS. A majority of the Supreme Court’s conservative majority said what we knew all along - adjudicated domestic abusers shouldn’t hold onto second amendment rights and the guns that they are statistically, horrifyingly, apt to use to harm their intimate partners. In an 8-1 decision in United States v Rahimi, the Roberts Court looked frantically for a way to reverse out of – while still technically upholding – its bonkers extreme originalism-fueled Bruen decision from two terms ago.

This week Dahlia Lithwick and Mark Joseph Stern are joined by Kelly Roskam, the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Solutions.

Later in the show, Mark and Dahlia look under the hood of Department of State v Munoz - an immigration case decided this week that Justice Sotomayor says is sewing seeds for the end of marriage equality as we know it.

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

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