Author Topic: Judge Barrett on the Second Amendment  (Read 656 times)

0 Members and 1 Guest are viewing this topic.

Online Elderberry

  • TBR Contributor
  • *****
  • Posts: 24,279
Judge Barrett on the Second Amendment
« on: September 27, 2020, 05:03:02 pm »
National Review by Ed Whelan September 25, 2020

Judge Amy Coney Barrett’s impressive dissent in Kanter v. Barr (pp. 27-64) illustrates both her fidelity to the Supreme Court’s landmark Second Amendment ruling in District of Columbia v. Heller (2008) and her masterful application of the constitutional methodology of originalism.

Rickey I. Kanter pleaded guilty to one count of federal mail fraud for falsely representing that his company’s therapeutic shoe inserts were Medicare-approved and for billing Medicare on that basis. As a convicted felon, he was categorically prohibited by federal law and Wisconsin law from possessing a firearm. When he argued that the Second Amendment did not allow those laws to be applied against him, the panel majority rejected his claim.

Based on her extensive marshalling and analysis of the historical evidence, Judge Barrett concludes that the Second Amendment leaves legislatures the power to prohibit dangerous people from possessing guns but that felons do not lose their Second Amendment rights solely because of their status as felons. The federal government and the state of Wisconsin failed to show that disarming all nonviolent felons is carefully tailored to the goal of protecting public safety, nor did they show that mail fraud is substantially related to violent behavior. They also failed to demonstrate that anything else in Kanter’s history or characteristics made him likely to misuse firearms. Therefore, they could not bar him from possessing a firearm.

More: https://www.nationalreview.com/bench-memos/judge-barrett-on-the-second-amendment/

Online Hoodat

  • Hero Member
  • *****
  • Posts: 35,818
Re: Judge Barrett on the Second Amendment
« Reply #1 on: September 27, 2020, 06:01:39 pm »
Barrett has proven herself a champion of the Constitution rather than a champion of Conservative causes.  And that is all I could ever want from any federal judge.
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.

-Dwight Eisenhower-


"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."

-Ayn Rand-

Online Bigun

  • Hero Member
  • *****
  • Posts: 51,331
  • Gender: Male
  • Resistance to Tyrants is Obedience to God
    • The FairTax Plan
Re: Judge Barrett on the Second Amendment
« Reply #2 on: September 27, 2020, 06:15:49 pm »
Barrett has proven herself a champion of the Constitution rather than a champion of Conservative causes.  And that is all I could ever want from any federal judge.

 :yowsa:  pointing-up

Absolutely!  If only they were all like that!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline sneakypete

  • Hero Member
  • *****
  • Posts: 52,855
  • Twitter is for Twits
Re: Judge Barrett on the Second Amendment
« Reply #3 on: September 28, 2020, 03:15:02 am »
Barrett has proven herself a champion of the Constitution rather than a champion of Conservative causes.  And that is all I could ever want from any federal judge.

@Hoodat

Same here. What more could we ask for?
Anyone who isn't paranoid in 2021 just isn't thinking clearly!

Online DB

  • Hero Member
  • *****
  • Posts: 13,085
Re: Judge Barrett on the Second Amendment
« Reply #4 on: September 28, 2020, 04:32:06 am »
The GOP better go to the mat on this one and get it done.

Whatever it takes.