Ok, I just finished reading #Rahimi and posting about it as I did so. That thread starts at mastodon.social/@heidilifeldma and (I broke it, accidentally) continues at mastodon.social/@heidilifeldma. Now, some more synthetic reactions from me. 1/

The concurring opinions in #Rahimi, read together, signal a brewing fight over overruling #Bruen altogether. The concurrences most clearly concerned with this are by #Sotomayer, #Gorsuch, and #Jackson. But I think even #Kavanaugh and #Barrett are telegraphing information about their positions on that. While I certainly hope Bruen comes up for reconsideration and gets overruled, it would be better for the court to overrule #Heller and thus its progeny, which includes #Bruen. 2/

Currently planning a piece on why parties should be fighting for #Heller to be overruled. The heart of the matter: that decision was lawless, utterly ungrounded in text, precedent, or history. It has led to an equally lawless ruling about the right to carry firearms outside one's home and to Bruen itself. 3/

I have very mixed feelings about commenting on any Supreme Court opinions at this point. I believe that Gorsuch, Kavanaugh, Coney Barrett are illegitimate appointees. Gorsuch because Obama was improperly deprived of an opportunity to nominate a Justice and Kavanaugh and Coney Barrett because they accepted appointment from Trump when it was abundantly clear that he is opposed to constitutional democracy and expects justices appointed by him to install him in office. 4/

Alito and Thomas are so compromised by their refusal to recuse themselves from cases where their impartiality can reasonably be questioned, their legitimacy as Supreme Court justices is also doubtful. 5/

Using tools of legal analysis to post about a court dominated by compromised members runs the risk of legitimating them. But, the opinions handed down by this Court will still be here if and when the Court's legitimacy is restored. And the threat of gun violence is so great and so awful that I cannot ignore the 2A doctrine that will have to be undone. 6/

@heidilifeldman It’s hard to trust a #Scotus under the cloud of illegitimacy, and the #NRA’s thumb, to change course on gun control, especially so after making bumpstocks available to the school shooters of tomorrow.

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@JBShakerman SCOTUS didn't make bumpstocks available.

We kept electing and reelecting congresspeople who over and over failed to outlaw them

I don't know if you want to blame the voters for that, but at least we should be blaming the other branch of government for it.

@heidilifeldman

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