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 analyzes the Biden DOJ's 67-page legal brief filed with the Supreme Court in the case of United States v. Zackey Rahimi. The brief argues for the constitutionality of 18 USC 922 G8, which prohibits firearm possession by individuals subject to domestic violence restraining orders. Host Mark Smith, a constitutional attorney and Supreme Court Bar member, critiques the DOJ's interpretation of 'law-abiding and responsible' as used in Heller and Bruen, arguing it could lead to broader disarmament and justify red flag laws.

Quick Summary

The Biden DOJ has filed a 67-page brief with the Supreme Court in United States v. Zackey Rahimi, arguing for the constitutionality of 18 USC 922 G8, which prohibits firearm possession by individuals under domestic violence restraining orders. This legal action is viewed by critics as an attempt to narrow Second Amendment rights.

Chapters

  1. 00:00DOJ Files Major Brief in SCOTUS Second Amendment Case
  2. 00:16Case Questions Constitutionality of Domestic Violence Restraining Orders
  3. 00:41Introduction: Mark Smith, Constitutional Attorney
  4. 00:55DOJ's Argument: Congress Can Disarm the 'Not Law-Abiding'
  5. 01:27DOJ's Broad Definition of 'Not Responsible'
  6. 01:50Background of the Rahimi Case
  7. 02:33Details of Mr. Rahimi's Violent Actions
  8. 03:17Rahimi's History and Restraining Order
  9. 04:10Fifth Circuit Ruling and DOJ's Response
  10. 04:57Critique: Guns and Domestic Violence Don't Go Together
  11. 05:24DOJ's Stance on Red Flag Laws
  12. 05:44Analyzing the 'Law Abiding and Responsible' Phrase
  13. 06:13Heller and Bruen: Dicta vs. Holding
  14. 06:30Malum in Se vs. Malum Prohibitum Crimes
  15. 07:09DOJ's Three Main Arguments Analyzed
  16. 08:31Strict Rules for Domestic Violence Orders
  17. 09:37The 'Lucy Goosey' Nature of Restraining Orders

Frequently Asked Questions

What is the significance of the Biden DOJ's brief in the United States v. Zackey Rahimi Supreme Court case?

The DOJ's 67-page brief argues that 18 USC 922 G8, prohibiting firearm possession by individuals under domestic violence restraining orders, is constitutional. This filing is seen by critics as an attempt to significantly narrow Second Amendment protections.

What is 18 USC 922 G8 and why is it being challenged?

18 USC 922 G8 is a federal law that prevents individuals subject to domestic violence protective orders from possessing firearms. The case challenges whether this law violates the Second Amendment on its face, with the DOJ defending its constitutionality.

How does the DOJ's brief interpret 'law-abiding and responsible' in relation to the Second Amendment?

The DOJ's brief uses the 'law-abiding and responsible' language from Heller and Bruen to argue that Congress can disarm individuals deemed not to meet these criteria, potentially including those who commit minor infractions or are otherwise deemed 'not responsible'.

What are the potential implications of the DOJ's arguments in the Rahimi case?

Critics, like host Mark Smith, suggest the DOJ's broad interpretation could lead to the disarmament of a wider range of citizens and serve as a justification for implementing 'red flag' laws, thereby eroding Second Amendment rights.

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