DOJ ON VERGE OF MAJOR SUPREME COURT 2A LOSS: Don't Believe Media Hype about Rahimi Case

Published on November 8, 2023
Duration: 21:41

This video analyzes the Supreme Court case United States v. Rahimi, focusing on the constitutionality of 18 USC 922 G8, which prohibits individuals subject to domestic violence restraining orders from possessing firearms. The speaker argues that while the government may technically 'win' by having the law upheld facially, the ruling will likely be favorable to the Second Amendment by emphasizing dangerousness as the key criterion for disarming individuals. This approach is expected to dismantle several arguments used by anti-gun groups, such as those based on 'virtuousness' or general 'law-abiding' status, and reaffirm the text-and-history approach established in Bruin.

Quick Summary

The Supreme Court case United States v. Rahimi examines 18 USC 922 G8, a law barring those under domestic violence restraining orders from possessing firearms. While the government may win on a facial challenge, the ruling is anticipated to favor the Second Amendment by emphasizing 'dangerousness' as the core justification for disarming individuals, potentially invalidating broader anti-gun arguments.

Chapters

  1. 00:00Introduction: Rahimi Case & Media Hype
  2. 00:36Reality of the Rahimi Case
  3. 01:31Understanding 18 USC 922 G8
  4. 01:49Domestic Violence Restraining Orders & Gun Possession
  5. 02:04Technical Analysis: Government Likely Win
  6. 02:30Question Presented to the Supreme Court
  7. 03:00Facial Challenge Explained
  8. 04:09The Importance of Precedent and 'How' They Win
  9. 05:09Key: How the Government Wins the Case
  10. 05:54Text, History, and Dangerousness Approach
  11. 06:24Historical Context of Disarming Dangerous Individuals
  12. 07:08Narrow Grounds: Facial Constitutionality of 922 G8
  13. 07:21Why This Isn't a Win for Gun Control
  14. 09:38Three Blows to the Anti-Gun Movement
  15. 10:01Reliance on History in Court Rulings
  16. 10:31Dangerousness as the Touchstone (Range Case Example)
  17. 11:33Impact of Rahimi Decision on Anti-Gun Arguments
  18. 12:04Reaffirming Bruin: Text First, History Second
  19. 12:29Justice Jackson's Concerns about History Test
  20. 13:41Hypothetical: Domestic Violence Not Considered Dangerous
  21. 14:22Historical Gun Control Laws (or Lack Thereof)
  22. 15:35Argument 1: Virtuousness Theory Destroyed
  23. 16:35Argument 2: Law-Abiding Status Blown Up
  24. 17:32Argument 3: 'Responsible' vs. 'Dangerous'
  25. 18:13Shrinking Government Power to Disarm
  26. 19:04Rahimi's Case Weaknesses: Concessions and Waived Arguments
  27. 20:14Vulnerability to Future Challenges
  28. 20:56Conclusion: What to Watch For

Frequently Asked Questions

What is 18 USC 922 G8 and its significance in the Rahimi case?

18 USC 922 G8 is a federal law prohibiting individuals under a civil domestic violence restraining order from possessing firearms. The Rahimi case before the Supreme Court questions the facial constitutionality of this statute, with significant implications for Second Amendment rights and gun control.

Will the Supreme Court's decision in Rahimi be a loss for the Second Amendment?

While the government may technically 'win' by having 18 USC 922 G8 upheld facially, the speaker argues the ruling will be favorable to the Second Amendment. The focus on 'dangerousness' as the key criterion for disarming individuals is expected to dismantle arguments used by anti-gun groups.

What is the 'dangerousness standard' in Second Amendment law?

The 'dangerousness standard' posits that individuals can be disarmed if they are found to be physically violent or a danger to themselves or others, typically after due process. This approach, rooted in historical legal traditions, is expected to be a central theme in the Rahimi decision's reasoning.

How does a 'facial challenge' differ from an 'as applied' challenge in court?

A facial challenge argues a law is unconstitutional in all circumstances, meaning it can never be applied legally. An 'as applied' challenge argues the law is unconstitutional in its specific application to a particular person or situation, which is a narrower claim.

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