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PaperclipPerfector  3d ago (text post)   11563 thread views

Culture War Roundup for the week of June 2, 2025

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Snope v. Bonta has dropped like a gravestone:

The State of Maryland prohibits ownership of AR–15s, the most popular civilian rifle in America. Md. Crim. Law Code Ann. §4–303(a)(2) (2025). This petition presents the question whether this ban is consistent with the Second Amendment. The Fourth Circuit held that it is, reasoning that AR–15s are not “arms” protected by the Second Amendment. Bianchi v. Brown, 111 F. 4th 438, 448 (2024) (en banc). I would grant certiorari to review this surprising conclusion.

That'd be a great opinion. It's not one.

Only Thomas, Alito, and Gorsuch have dissented from the denial of certiorari, which means that there is no Snope case now. This was final judgement (specifically, dismissal of the lawsuit), there are no other appeals, and there is no other chances. Maryland has banned a wide array of very common firearms, with vague definitions, the lower courts have held that these guns aren't even guns nevermind protected by the Second Amendment, and SCOTUS has punted. While Maryland's law here includes a grandfather registration clause, the circuit has already held that such clauses are unnecessary, none of the takings clause people cared, and SCOTUS punted. Binding law in the 4th Circuit holds that a firearm is not an arm.

It's also a case that has been rife with bad behavior from the lower courts; Thomas's dissent emphasizes the logical flaws, but I'll point out that under the name Bianchi this is the case that was held for over a year by a single judge on the appeals court who didn't file a dissent. There will be no percolation; 2A-favorable analysis of these laws will not be allowed to reach SCOTUS, and it will be smothered before en banc whenever possible.

Kavanaugh wrote an interesting ... concurrence? Dissental? Pile of bullshit? Statement. The record calls it a statement. This is particularly interesting because it only takes four to give certiorari; he literally could not write a dissent.

Given that millions of Americans own AR–15s and that a significant majority of the States allow possession of those rifles, petitioners have a strong argument that AR–15s are in “common use” by law-abiding citizens and therefore are protected by the Second Amendment under Heller. See Heller v. District of Columbia, 670 F. 3d 1244, 1286–1288 (CADC 2011) (Kavanaugh, J., dissenting). If so, then the Fourth Circuit would have erred by holding that Maryland’s ban on AR–15s complies with the Second Amendment.

Under this Court’s Second Amendment precedents, moreover, it can be analytically difficult to distinguish the AR–15s at issue here from the handguns at issue in Heller.

Again, would be a great opinion! It's not one, either. Instead:

Although the Court today denies certiorari, a denial of certiorari does not mean that the Court agrees with a lower-court decision or that the issue is not worthy of review. The AR–15 issue was recently decided by the First Circuit and is currently being considered by several other Courts of Appeals. [ed: list of cases moved] Opinions from other Courts of Appeals should assist this Court’s ultimate decisionmaking on the AR–15 issue. Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the AR–15 issue soon, in the next Term or two.

Why? Because fuck you, that's why. Roberts and Barrett, as typical for the majority in denials of cert, have no comment.

Kavanaugh gives a list of lower circuit cases that "should assist this Court's decision-making".

To be blunt: this SCOTUS will not be address the AR-15 issue in "the next Term or two". There will be no grand cases from the lower courts with a serious investigation of the Second Amendment ramifications that split the baby some perfect way. There will always be some excuse why a specific case wasn't the ideal vehicle, or why some new one that's just reached oral args is the better vehicle later, or why some specific law wasn't the best demonstration. Optimistically, Kavanaugh got a promise from John "Article III is <Not> Worth A Dollar" Roberts and will find out how much that promise is worth; pessimistically, Kavanaugh's a politician wearing robes and this is what he says to get readers (especially the sort that might make unscheduled visits to his house) to believe what he wants them to believe. Eventually, Thomas and Alito will retire, and either we're going to get much worse judges from a technical side who can actually make a fucking decision that matters when it shocks the conscience of the Amtrak world, even if that means they'll also bark on command when Trump asks, or a Dem president will get those seats, and either way, the conservative legal movement and anything deeper than a pretext of originalism will go the way of the dinosaur.

Meanwhile, the plaintiffs here get nothing. They will be out years of their lives trying to bring this case, and tens or hundreds of thousands of dollars in legal fees and attorney's costs. They will either have moved from Maryland, or gotten rid of any 'assault weapon' that they once owned, or never been allowed to buy one. A decision in a term or two will not protect Ocean State Tactical, another (pre-final-judgment) case SCOTUS denied cert on today, from being just as completely fucked over. Even should SCOTUS find their balls or be delivered new ones and eventually issue a pro-gun ruling, most circuits have standing orders that only recognize the most complete and on-point decision from SCOTUS as overruling circuit precedent, and the one exception is the 9th Circuit (and with a "when we like it" rule). SCOTUS has happily demonstrated, for the better part of a decade, that they will not smack wrists over that. Anti-gun lower courts will take this as an affirmance in the meantime.

It's not even as though guns are the only matter here: SCOTUS has similarly punted on the question of But It's Mean on Free Speech. Hell, guns aren't even the only thing in the guns cases. The court has similarly punted on the question of whether But It's Guns on Due Process, or But It's Guns on Free Speech [see also], or But It's Guns on Court Settlements, or even But It's Guns on the very caselaw that SCOTUS thought so beyond the pale that they'd managed to scrounge up a 9-0 before.

And, of course, there's the blaring siren in the room. As Thomas points out, SCOTUS has punted on this very specific legal question for over a decade post-Heller, while claiming a right delayed is a right denied. SCOTUS has a case covering the type of gun Heller was trying to bring in Heller I, it's listed for conference for Thursday, it's been over a decade, and they're gonna deny it, 99.9999%. And where I'd once point out that it's been longer since Heller than it was from Lawrence v. Texas to Obergefell, and Dick Heller still can't register (lol) the actual gun from his original case, I'm instead going to something a little more specific and recent. SCOTUS defied all its normal rules about procedural posture to protect the rights of an illegal immigrant in six hours on a holiday weekend. That's what SCOTUS cares about, and for every single court case they punt on in my lifetime -- whether challenges to a law like this, or people sitting in prison like Dexter Taylor -- this the standard they've set, and then forgot as soon as a normal citizen who hasn't beaten their wife got involved. Every single second longer than six hours, for cases that have 'percolated' for years.

Some peoples rights need be resolved right away, and others can wait and wait and wait.

The denial of cert on L.M. v. Morrison was an incredible betrayal by Barrett (with additional mixed feelings on Gorsuch). This only confirms what many have increasingly feared. Roberts and Kavanaugh have always been establishment stooges so I know it's impossible to expect real constitutionalism from the Court, when push comes to shove, but I had hoped that a Scalia acolyte like Barrett could at least be counted on to get the important cases heard.

Barrett is a liberal with Haitian children, she is left on every single issue except abortion. She is as conservative as the Pope (current or former). Her policy is just the policy of the Catholic Church, some kind of generic progressive social democracy except opposed to abortion.

I don't know why I am always surprised when someone is surprised to discover "Catholic is, indeed, Catholic".

Her policy is just the policy of the Catholic Church, some kind of generic progressive social democracy except opposed to abortion.

I honestly have to laugh about this, because remember back when she was being confirmed and the rumour-mongering was about her being a member of a cult? A traditionalist cult that treated women as second-class? I don't think Dianne Feinstein was complaining about her being too liberal when she went off about the dogma lives loudly in you.

Yeah, weirdly enough the One, Holy, Catholic and Apostolic Church is not a right-wing American institution. Or a left-wing American institution. But now you guys have the pope, here's your chance to get it Chicago-style!

I don't know why I am always surprised when someone is surprised to discover "Catholic is, indeed, Catholic".

And the other SCOTUS Catholics?

This is my third draft of this comment. I am trying to figure out how to articulate this clearly and with a minimum of snark.

Your first paragraph is a 100% correct critique of 2rafa’s read of Barrett. But I think your second paragraph betrays a tendency common among Roman Catholics to read current practice back into history as always having been the practice of the church, and this is mistaken. Aquinas would not have accepted Catholic social teaching – the body which has evolved since the late 19th century – as it is now. Very few Roman Catholics, and perhaps no popes, before the twentieth century would have accepted the position on the death penalty now given in the Roman catechism.

I think that a great deal of Catholic social teaching as it now exists is the product of Western modernism. At its best it can include some genuinely countercultural Christian teaching. (As a Protestant, I particularly appreciated Rome’s stand against torture when everyone else seemed to be losing his mind.) But it is not above the fray or immune to secular influences, often to its detriment.

Well, sorta the other way round. Modern social justice movement grew out of Catholic beginnings. But I was more amused by Barrett being excoriated as a liberal when she was being excoriated by the liberals for being a fundie.

Don't make me quote "Orthodoxy". Oops, too late! Chesterton is talking about Christianity as a whole, but I think it fits the case of the Church as well:

I wished to be quite fair then, and I wish to be quite fair now; and I did not conclude that the attack on Christianity was all wrong. I only concluded that if Christianity was wrong, it was very wrong indeed. Such hostile horrors might be combined in one thing, but that thing must be very strange and solitary. There are men who are misers, and also spendthrifts; but they are rare. There are men sensual and also ascetic; but they are rare. But if this mass of mad contradictions really existed, quakerish and bloodthirsty, too gorgeous and too thread-bare, austere, yet pandering preposterously to the lust of the eye, the enemy of women and their foolish refuge, a solemn pessimist and a silly optimist, if this evil existed, then there was in this evil something quite supreme and unique. For I found in my rationalist teachers no explanation of such exceptional corruption. Christianity (theoretically speaking) was in their eyes only one of the ordinary myths and errors of mortals. They gave me no key to this twisted and unnatural badness. Such a paradox of evil rose to the stature of the supernatural. It was, indeed, almost as supernatural as the infallibility of the Pope. An historic institution, which never went right, is really quite as much of a miracle as an institution that cannot go wrong. The only explanation which immediately occurred to my mind was that Christianity did not come from heaven, but from hell. Really, if Jesus of Nazareth was not Christ, He must have been Antichrist.

And then in a quiet hour a strange thought struck me like a still thunderbolt. There had suddenly come into my mind another explanation. Suppose we heard an unknown man spoken of by many men. Suppose we were puzzled to hear that some men said he was too tall and some too short; some objected to his fatness, some lamented his leanness; some thought him too dark, and some too fair. One explanation (as has been already admitted) would be that he might be an odd shape. But there is another explanation. He might be the right shape. Outrageously tall men might feel him to be short. Very short men might feel him to be tall. Old bucks who are growing stout might consider him insufficiently filled out; old beaux who were growing thin might feel that he expanded beyond the narrow lines of elegance. Perhaps Swedes (who have pale hair like tow) called him a dark man, while negroes considered him distinctly blonde. Perhaps (in short) this extraordinary thing is really the ordinary thing; at least the normal thing, the centre.

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