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

Posted on 1/21/26 at 9:21 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476493 posts
Posted on 1/21/26 at 9:21 am to
She wants to start the process of overruling Bruen
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
91433 posts
Posted on 1/21/26 at 9:22 am to
Do Supreme Court justices typically start personal missions to overturn past rulings?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476493 posts
Posted on 1/21/26 at 9:25 am to
Uh yeah. Look at the progeny of Rowe for about 50 years of this from socially conservative justices over the years.
Posted by BTROleMisser
Murica'
Member since Nov 2017
13521 posts
Posted on 1/21/26 at 9:26 am to
quote:

quote:
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.


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


Totally conservative or Libertarian or whatever, TDSFP is the first comment defending KBJ.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476493 posts
Posted on 1/21/26 at 9:26 am to
quote:

Totally conservative or Libertarian or whatever, TDSFP is the first comment defending KBJ


This post was edited on 1/21/26 at 9:27 am
Posted by BTROleMisser
Murica'
Member since Nov 2017
13521 posts
Posted on 1/21/26 at 9:27 am to
quote:


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


His TDS is insane. Any stance he perceives "Trumpers" taking, he reflexively takes the opposite one.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476493 posts
Posted on 1/21/26 at 9:27 am to
quote:

His TDS is insane. Any stance he perceives "Trumpers" taking, he reflexively takes the opposite one.




Oh boy
Posted by RohanGonzales
Pronoun: Whatever
Member since Apr 2024
10591 posts
Posted on 1/21/26 at 9:27 am to
quote:

SlowFlowPro


9 fricking posts already
Posted by BTROleMisser
Murica'
Member since Nov 2017
13521 posts
Posted on 1/21/26 at 9:29 am to
quote:


quote:
His TDS is insane. Any stance he perceives "Trumpers" taking, he reflexively takes the opposite one.




Oh boy


Truth hurts.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476493 posts
Posted on 1/21/26 at 9:31 am to
quote:

Truth hurts.


Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476493 posts
Posted on 1/21/26 at 9:31 am to
quote:

9 fricking posts already


Some people want to learn and are being given insight.

Some people are showing their lack of intelligence and are requesting mockery

What's your issue?
Posted by RustyDaDog
BAOK
Member since Mar 2023
1058 posts
Posted on 1/21/26 at 9:33 am to
This idiot makes AOC look like the head of MENSA.

She doesn’t have a clue what she is doing
Posted by Riverside
Member since Jul 2022
10645 posts
Posted on 1/21/26 at 9:34 am to
Justice Brown is totally unqualified to be a judge on any court. What she is trying to do in that clip is intellectually dishonest. Not surprised to see another retard offering up a defense of her.
Posted by cajunandy
New Orleans
Member since Nov 2015
893 posts
Posted on 1/21/26 at 9:59 am to
quote:

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


Bruen did not creat the test it affirmed the test as provided by DC v Heller.

quote:

Under Heller, when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct, and to justify a firearm regulation the government must demonstrate that the regulation is consistent with the Nation’s historical tradition of firearm regulation.
New York Rifle and Pistol v Bruen.

In McDonald v Chicago, SCOTUS applied the two part test to the states.



Posted by toratiger
susukino
Member since Aug 2008
3553 posts
Posted on 1/21/26 at 10:07 am to
Ketanji should set DEI back 100 years.

But it won't.
Posted by Keltic Tiger
Baton Rouge
Member since Dec 2006
22005 posts
Posted on 1/21/26 at 10:08 am to
"Totally unqualified........" I caught her confirmation hearing with Senator Kennedy leading the questioning. He asked her 4 basic ABC-type legal questions . She answered, to each one, that either she didn't know the answers or had any experience with those issues. Kennedy just sat there rolling his eyes & shaking his head. She's now a Federal judge for life.
Posted by cajunandy
New Orleans
Member since Nov 2015
893 posts
Posted on 1/21/26 at 10:27 am to
quote:

Whatcha got for me?


There are actually very few 2nd Amendment rights cases. The first important case was DC v Heller in which DC banned the possession of handguns. Scalia wrote the opinion in which he analyzed the the 2nd amendment and then articulated a two part test in analyzing 2nd amendment cases. !st is whether the 2nd amendment is implicated, then the Constitution protects that behavior and the burden is on the state to show that there exist a history of gun regulation to justify the present regulation. In that Heller only concerned a federal law, the states took the position that it did not apply to the states. McDonald v Chicago rejected this argument.




An issue that has yet to be decided is when looking for historical regulations to support the law have far back do you go. When the 2nd amendment was passed in 1791 it only applied to the federal government Not until the 13th, 14th and 15th amendments were passed did the BIll of rights apply to the States.

So now the issue is how far back do you have to go to find gun regulations that would support modern regulations. For real 2nd Amendment supporters one must look to the 1790's to find supporting analogs. For gun controllers they want to use the period after the Civil war,. Their problem is most if not all of these laws are based on race and are unconstitutional. The gun controllers are so desperate to find some historical support they appear to be willing to overlook that part including Jackson.
Posted by Stat M Repairman
Member since Jun 2023
2802 posts
Posted on 1/21/26 at 11:36 am to
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