BREAKING NOW IN SUPREME COURT: Biden DOJ Files HUGE 67-page Legal Brief Asking SCOTUS to Shrink 2A

Published on August 15, 2023
Duration: 14:36

This video provides an expert analysis of the Biden DOJ's legal brief to the Supreme Court in the case of United States v. Zackey Rahimi. The speaker, Mark Smith, a constitutional attorney and author, explains how the DOJ is attempting to expand the interpretation of "law-abiding and responsible" to justify disarming individuals based on domestic violence restraining orders, potentially impacting future red flag laws.

Quick Summary

Constitutional attorney Mark Smith explains the Biden DOJ's 67-page Supreme Court brief in US v. Zackey Rahimi. The DOJ argues individuals with domestic violence restraining orders can be disarmed, potentially expanding the definition of "law-abiding and responsible" and impacting future red flag laws.

Chapters

  1. 00:00DOJ Brief Filed in SCOTUS
  2. 00:16DOJ's Goal: Gut the Second Amendment
  3. 00:41Speaker Introduction: Mark Smith
  4. 00:55DOJ Argument in Rahimi Case
  5. 01:27DOJ's Broad Disarming Argument
  6. 01:50Rahimi Case Background
  7. 02:33Mr. Rahimi's Violent History
  8. 04:10Fifth Circuit Ruling & DOJ Response
  9. 04:57Guns and Domestic Violence Debate
  10. 05:24DOJ and Red Flag Laws
  11. 05:44"Law Abiding and Responsible" Phrase
  12. 06:13Heller and Bruen Dicta Analysis
  13. 06:30Malum in se vs. Malum Prohibitum
  14. 07:09DOJ's Three Main Arguments
  15. 08:31Domestic Violence Order Rules
  16. 09:37Restraining Orders and Gun Rights

Frequently Asked Questions

What is the significance of the United States v. Zackey Rahimi case at the Supreme Court?

This case is significant because the Biden DOJ filed a 67-page brief arguing for the constitutionality of disarming individuals subject to domestic violence restraining orders, potentially expanding the interpretation of "law-abiding and responsible" under the Second Amendment.

How does the DOJ's brief in the Rahimi case aim to impact Second Amendment rights?

The DOJ is attempting to establish a precedent that individuals with domestic violence restraining orders can be disarmed, arguing this aligns with the "law-abiding and responsible" standard mentioned in Supreme Court cases, which could justify future red flag laws.

What is the legal basis for the Zackey Rahimi case concerning firearms?

The case centers on 18 USC 922 G8, a federal law prohibiting firearm possession by individuals under domestic violence protective orders. The Fifth Circuit Court of Appeals previously found this law unconstitutional under the Second Amendment.

Who is Mark Smith and what are his credentials on this topic?

Mark Smith, host of The Four Boxes Diner, is a constitutional attorney, a member of the US Supreme Court Bar, and the author of the book "Disarmed." He has extensive experience covering legal issues related to the Second Amendment.

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