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Ketanji Brown Jackson Cites the Black Codes as Constitutional in Gun Control Case

Posted on 1/21/26 at 7:42 am
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
87178 posts
Posted on 1/21/26 at 7:42 am


Replying to @JCNSeverino
Ketanji Jackson appears to argue that because an unconstitutional law was for a time on the books that it can be used as precedent? Am I grasping this correctly, because that’s just loony.
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
87178 posts
Posted on 1/21/26 at 7:46 am to

Richard F Miller.
@NoFollo92476663
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Replying to @JCNSeverino
CW historian here. At first I didn’t believe you. Then I listened. The Black Codes Constitutional? And argued from the standpoint of “the history and traditions of the country?” If Jackson had sat on the Nuremberg court, Herman Goering might have been found innocent.
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
89859 posts
Posted on 1/21/26 at 7:46 am to
What was KBJ trying to do?
Posted by Tigergreg
Metairie
Member since Feb 2005
24795 posts
Posted on 1/21/26 at 7:49 am to
quote:

What was KBJ trying to do?


Race bait, as usual.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
470668 posts
Posted on 1/21/26 at 7:51 am to
quote:

What was KBJ trying to do?


We talked about this yesterday a bit.

There's a USSC case Bruen that created a test that involves a historical analysis. Wiki article

quote:

Because public carry is a constitutional right, Thomas ruled out use of the two-part test to evaluate state gun laws, which generally involved application of intermediate scrutiny, that many lower courts had used, and instead evaluated New York's law under a more-stringent test of whether the proper-cause requirement is consistent with the nation's historical tradition of firearm regulation


What she is doing is trying to do is, basically, use an absurd example that is part of our history, to attack this analysis of Bruen.

My post from yesterday

quote:

Her problem is that she tries to be to sly when attacking concepts she doesn't like, and she's not quite smart enough to make it work. Like with the "I'm not a biologist" response at her confirmation hearings. What she's doing is trying to attack Bruen by bringing up something controversial to show why that part of Bruen is bad (to her). She just can't complete the argument at all and it comes off really bad.


quote:

This is where I disagree. I think she knows they were unconstitutional and that is the angle she's using to attack that prong of Bruen.

She just can't fully conceptualize/communicate the argument, only the attempted gotcha.
Posted by KCT
Psalm 23:5
Member since Feb 2010
47737 posts
Posted on 1/21/26 at 7:56 am to
quote:

at's a more retarded take than what KBJ was trying to do


For a "conservative" you sure go easy on the brain-dead lefties. You know, it just seems a little 'strange" that a conservative would do that.
Posted by dgnx6
Member since Feb 2006
87291 posts
Posted on 1/21/26 at 7:57 am to
quote:

If Jackson had sat on the Nuremberg court, Herman Goering might have been found innocent.


And SFP would argue why him being innocent is correct.


Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
470668 posts
Posted on 1/21/26 at 7:58 am to
quote:

For a "conservative" you sure go easy on the brain-dead lefties. You know, it just seems a little 'strange" that a conservative would do that.

Somehow you posted something dumber than the content more retarded than KBJ. That takes work.
Posted by dgnx6
Member since Feb 2006
87291 posts
Posted on 1/21/26 at 7:58 am to
quote:

For a "conservative" you sure go easy on the brain-dead lefties. You know, it just seems a little 'strange" that a conservative would do that.


He’s not. He voted for Kerry, a Prohibitionist and Kanye.


Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
470668 posts
Posted on 1/21/26 at 7:58 am to
quote:

And SFP would argue why him being innocent is correct.


wut
Posted by tigersaint74
Poopoo, Hawaii
Member since Feb 2007
740 posts
Posted on 1/21/26 at 8:01 am to
Is there any possible way to remove this unintelligent, dimwit off of the Supreme Court?
Posted by KCT
Psalm 23:5
Member since Feb 2010
47737 posts
Posted on 1/21/26 at 8:09 am to
quote:

Somehow you posted something dumber than the content more retarded than KBJ. That takes work.


Nah, I was merely pointing out how intrinsically dishonest you are regarding your true colors. You know, like how you tried to minimize the Minnesota fraud situation only a few days before Tampon Timmy dropped out of his reelection campaign.

Did you ever figure out what that should've told you?
Posted by SantaFe
Baton Rouge
Member since Apr 2019
7734 posts
Posted on 1/21/26 at 8:10 am to
Can Justice Thomas gather up all the members of the Supremes and have a meeting with this chick and tell her that she has to resign and she is no longer welcome at the job any longer.

Then over the next weekend turn her office into a office supply/ mop closet and block off her parking space with barricades and orange construction cones.

She has to go .
Posted by UnitedFruitCompany
Bay Area
Member since Nov 2018
3945 posts
Posted on 1/21/26 at 8:19 am to
How much do yall want to bet she has refused to make coffee or be on the breakfast committee for the meetings and now some low level staffer does it, thus breaking a long standing tradition?

Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
89859 posts
Posted on 1/21/26 at 8:35 am to
I understand the Bruen ruling and its fallout.

But can you explain like I’m 5 what she’s trying to do?

Right now I’m at “she’s using the black codes being deemed constitutional at one point to say the 1911 law that we need justification to conceal carry is still relevant.”

I’m busy at work but trying to understand what she’s trying to do here and why the summary in the OP is dumber than she is.
This post was edited on 1/21/26 at 8:41 am
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
89859 posts
Posted on 1/21/26 at 8:52 am to
Whatcha got for me?
Posted by TheBoo
South to Louisiana
Member since Aug 2012
5443 posts
Posted on 1/21/26 at 8:58 am to
quote:

historical tradition of firearm regulation

For what it's worth we don't have a historical tradition of firearm regulation in the US. That's a new development.
Posted by tigersmanager
Member since Jun 2010
9937 posts
Posted on 1/21/26 at 9:09 am to
by far the dumbest democrat ever to serve on the court
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
470668 posts
Posted on 1/21/26 at 9:12 am to
quote:

But can you explain like I’m 5 what she’s trying to do?


I did, superficially, in the post yesterday (that I quoted above)

quote:

Right now I’m at “she’s using the black codes being deemed constitutional at one point to say the 1911 law that we need justification to conceal carry is still relevant.”

No. She's trying to argue that in a purely historical analysis, we have to give weight to Unconstitutional laws while enacted and prior to being labeled unconstitutional, to argue why that absurd outcome is why we shouldn't be using the historical analysis at all.

Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
89859 posts
Posted on 1/21/26 at 9:18 am to
quote:

No. She's trying to argue that in a purely historical analysis, we have to give weight to Unconstitutional laws while enacted and prior to being labeled unconstitutional, to argue why that absurd outcome is why we shouldn't be using the historical analysis at all.
Ahh

What is she then using that declaration for? Say everyone concedes her point. What’s she then applying it to in this case?
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