Advocates say SCOTUS ruling paves way for law ensuring abusers have guns confiscated – Capitol News Illinois

8 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments
Frank Miller
1 year ago

SCOTUS attempts to legislate from the bench with overt conspiracy against rights. Even the so-called experts, with few exceptions, fail to point out we do not live in a democracy under majority rule. The judicial branch of government does not create new law. Anyone who would otherwise be willing to use a gun in a domestic violence case is not going to be deterred by not having access to guns. They will pick up the knife, the baseball bat, the gas can, or any number of other weapons. Law enforcement will refuse to follow unconstitutional orders and put their lives… Read more »

debtsor
1 year ago
Reply to  Frank Miller

“The judicial branch of government does not create new law.”

Actually, they do. It’s called the common law and is the very basis of the Anglosphere’s legal system.

Frank Miller
1 year ago
Reply to  debtsor

Common law is case law and inferior to both legislative statute and superior law of the Constitution. See also Supremacy Clause.

“Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.”

https://www.investopedia.com/terms/c/common-law.asp

debtsor
1 year ago
Reply to  Frank Miller

Common law is the basis of our entire legal system and is the basis for most of the statutes we have today. 49 states have common law (Louisana has civil law, being a French colony). The Federal Courts claim to not have common law because everything is determined by statute…yet, there are splits in the various circuits that cause problems because the same law has two wildly different interpretations in different circuits…aka common law…which is then interpreted by the Supreme Court.

Frank Miller
1 year ago
Reply to  debtsor

Yes of course, the statutes and Constitution were created to avoid being governed by the “political whims of the day” – case law and the courts. “Gun registration is always a precursor to confiscation. So when laws challenge the basic rights of the individual, elected officials have a duty to protect their constituents by declaring the usurpation or attack on the right as null and void. … Nullification has been used on many occasions throughout American history. Most recently and notably, during the unconstitutional government lockdowns of Covid-19. … For gun control to be lasting, the Constitution will need to… Read more »

Frank Miller
1 year ago
Reply to  debtsor

It is not an “unusual case” to determine if someone should have their property(guns) confiscated without due process.

debtsor
1 year ago
Reply to  Frank Miller

Don’t get me wrong, I too believe Justice Thomas was correct. Guns should not be confiscated.

But the practical reality is that the domestic batterer has no friends and no one wants him to have his guns, so he loses them.

debtsor
1 year ago

Prior to the SAFE-T Act, old school judges subscribe to the theory that no judge wants to be in the newspaper because some criminal they released went on to commit another violent crime, when they had a chance to lock him up. That’s where the SCOTUS is on this case. Not even hyperbole, 99,999 out of 100,000 felons with a domestic violence charge will not go out and shoot up their partner. But that 1 out of 100,000 will, and they don’t want that on their conscience. Hard cases make bad law the lawyers tell me and that’s what we… Read more »

SIGN UP HERE FOR FREE WIREPOINTS DAILY NEWSLETTER

Home Page Signup
First
Last
Check what you would like to receive:

FOLLOW US

 

WIREPOINTS ORIGINAL STORIES

Mark Glennon on AM560’s Morning Answer: Chicago pension buyout plan mostly shifts debt rather than eliminating it, property tax surge doubles inflation over three decades

Chicago’s political leadership is floating a pension buyout program as evidence it is seriously addressing the city’s thirty-six-billion-dollar unfunded pension liability, but Mark Glennon, founder of the Illinois policy research organization Wirepoints, said that the proposal moves debt from one column to another rather than reducing it, and that the broader fiscal picture facing the city continues to deteriorate across every measurable dimension. Audio here.

Read More »

WE’RE A NONPROFIT AND YOUR CONTRIBUTIONS ARE DEDUCTIBLE.

SEARCH ALL HISTORY

CONTACT / TERMS OF USE