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PaperclipPerfector  8mo ago (text post)   26607 thread views

Culture War Roundup for the week of September 4, 2023

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I'm all for gun control, but this is just lawless. Trying to pretend that bullets are a disease is nonsense. Using that as a justification to unilaterally take away a constitutional right, without any sort of legislative fig leaf? It's absolute garbage.

If you don't like the second amendment, repeal it. If you can't repeal it, abide by it. It's that simple.

This will obviously get slapped down by the first court it encounters, but there really ought to be some sort of penalty for this kind of blatant abuse of power. I'm not sure what options are available other than impeachment, but if I were a republican office holder in NM I'd be exploring them.

I am genuinely glad to see you post this.

I'm not sure what options are available other than impeachment, but if I were a republican office holder in NM I'd be exploring them.

Unfortunately, most of them find the same problem. New Mexico's abuses of emergency health orders during COVID weren't as severe as California or Michigan, but they were still pretty severe, and legislative attempts to limit them stalled in committee on a party-line vote. The legislature does not even convene until January 16th (for 30 days on even-numbered years), so unless this order is extended for nearly four months it would take a special session to even start any legislative response, which can only be convened by a 2/3rd majority. And Grishman can veto or pocket veto legislation, which again requires a 2/3rds majority to pass.

The New Mexico GOP has claimed to pursue a federal lawsuit, though I'm skeptical that they'd have any better standing or argument than the individual cases. There's... not much hope of a state lawsuit going anywhere.

It's too bad NM doesn't seem to have criminal penalties for violation of oath like Georgia.

Also relevant to point out that CHL license holders are filtered for higher levels of law abidingness than the general population, and if the goal is to make gun owners trust gun control, it is almost exactly the wrong approach to make policy which primarily impacts them.

if the goal is to make gun owners trust gun control, it is almost exactly the wrong approach to make policy which primarily impacts them.

And this is obvious to anyone, including skilled politicians like the New Mexico governor. Therefore, that is not the goal.

If you don't like the second amendment, repeal it. If you can't repeal it, abide by it. It's that simple.

Thats outdated point of view, the constitution is something to be ignored, worked around or at best something to be read as we say in my country - the way the devil reads the bible. And also courts are allowed to write their own fan fiction on the original material.

To explain in game of throne terms - after the 60s we are living in the constitutional season 8. Probably split 2/1 about it written by democratic leaning SCOTUS.

Sometimes I dream about the Marshall of the Supreme Court going to the house of the NY governor and jailing them for contempt of court for passing the same bullshit gun restriction that has been slapped down a dozen times with minor alterations. Would certainly enact the spirit of the law if not it's letter. Then I remember that would only escalate the situation and probably trigger court packing.

But if officials are going to have such blatant disregard for the law of the land, maybe escalation is all that's left.

That's the beauty of it, with leftist control of the justice system, they can just do this in thirty day chunks and by the time any judge ever hears it, it will be "moot" because that particular policy ended and a new thirty day one just started.

There are of course exceptions to mootness for recurring policies.

I'm sure there's an emanation from someone's penumbra that creates an exception to anything that's unpopular in law schools.

There are of course exceptions to mootness for recurring policies.

Indeed, but entirely up to judicial discretion. Which means whether they are applied or not will be decided by other criteria.

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