Well, he’s just going to have to rethink his problem.<\/p>\n
Obama-appointed judge takes issue with Bruen decision<\/a><\/p>\n U.S. District Judge Carlton Reeves, who was appointed to the bench by then-President Barack Obama back in 2010, is using a case involving a convicted felon caught with a gun to complain about the Supreme Court\u2019s decision in\u00a0New York State Rifle & Pistol Association v. Bruen<\/em>, arguing that the Court\u2019s decision has left him wondering if he\u00a0needs to appoint an historian<\/a>\u00a0to help him determine the legality of the federal prohibition on felons owning firearms.<\/p>\n \u201cThis court is not a trained historian,\u201d Reeves wrote in an order released last week.<\/p>\n \u201cThe justices of the Supreme Court, as distinguished as they may be, are not trained historians,\u201d he continued.<\/p>\n \u201cAnd we are not experts in what white, wealthy and male property owners thought about firearms regulation in 1791,\u201d he said.<\/p>\n The\u00a0Bruen decision, he said, requires him to \u201cplay historian in the name of constitutional adjudication.\u201d<\/p>\n Reeves, who sits on the United States District Court for the Southern District of Mississippi, ordered the parties, including the Justice Department, to brief him on whether he should appoint a historian within 30 days.<\/p>\n \u201cNot wanting to itself cherry-pick the history, the Court now asks the parties whether it should appoint a historian to serve as a consulting expert in this matter,\u201d he said.<\/p>\n The challenger to the felon possession law, Jesse Bullock, says the regulation cannot withstand the Supreme Court\u2019s latest decision interpreting the Second Amendment.<\/p>\n \u201cFounding era legislatures did not strip felons of the right to bear arms simply because of their status as felons,\u201d Bullock argued.<\/p><\/blockquote>\n <\/p>\n In sum, Heller identified the right to keep and bear arms as held by \u201cmembers of the political community.\u201d And in doing so, Justice Scalia stated that all constitutional provisions mentioning \u201cthe people\u201d were consistent.<\/p>\n Through the historical analogies above, the Court\u2019s inquiry is clear\u2014this Nation has a historical tradition of excluding felons and those who abuse their rights to commit violence from the rights and powers of \u201cthe people.\u201d Consistent with Heller\u2019s definition, if groups have been categorically excluded under other constitutional provisions bestowing rights to \u201cthe people,\u201d logic demands that society could also exclude those groups from under the Second Amendment.<\/p>\n This is also consistent with the founders\u2019 idea of popular sovereignty: giving \u201cthe people\u201d the right to govern themselves. Put differently, it\u2019s the right within the Constitution\u2019s structure to exclude those who abuse the rights of \u201cthe people.\u201d And the people have wielded this right constitutionally under provisions declared equal by the Supreme Court\u2014so exercising that right under the Second Amendment should be no different. Thus, \u00a7 922(g)(1) is constitutional on its face and as applied to Defendant.<\/p><\/blockquote>\n Now, you can agree or disagree with Counts\u2019 ruling, but he didn\u2019t feel the need to appoint an historian to help him reach his conclusion. To be fair, the judge did point out the fact that there\u2019s been some discussion and debate within the federal judiciary over the constitutionality of the current law, noting that Justice Amy Coney Barrett has previously argued that the standard for prohibiting firearms possession should be based on a finding of \u201cdangerousness\u201d instead of someone\u2019s status as a convicted felon, but that debate didn\u2019t preclude him from reaching his own determination about the validity of the law in question.<\/p>\n Judge Reeves\u2019 complaints about the\u00a0Bruen\u00a0decision have been echoed by gun control advocates and activists who allege that the Supreme Court\u2019s \u201ctext, history, and tradition\u201d test to determine the constitutionality of gun control laws will force judges to become armchair historians in order to do their job, but I think their real issue is the fact that under the test laid out by SCOTUS many of their favorite infringements are going to fail a legal challenge.<\/p>\n Regardless, if Judge Reeves feels like he\u2019s unable to perform the duties of his job without bringing in outside help perhaps it\u2019s time for him to step down from the bench, though given that his replacement would be picked by Joe Biden, I doubt that they\u2019d have any more respect for or understanding of the right to keep and bear arms in U.S. history.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" Well, he’s just going to have to rethink his problem. Obama-appointed judge takes issue with Bruen decision U.S. District Judge Carlton Reeves, who was appointed to the bench by then-President Barack Obama back in 2010, is using a case involving a convicted felon caught with a gun to complain about the Supreme Court\u2019s decision in\u00a0New … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,11],"tags":[],"class_list":["post-87280","post","type-post","status-publish","format-standard","hentry","category-courts","category-crap-for-brains"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/87280","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=87280"}],"version-history":[{"count":6,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/87280\/revisions"}],"predecessor-version":[{"id":87303,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/87280\/revisions\/87303"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=87280"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=87280"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=87280"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}