The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
On The Eve of NYS Rifle & Pistol, A Correction in the New York Times
The paper of record corrects the record about Rogers v. Grewal.
Here is the revised graf:
In a dissent last year, Justice Clarence Thomas agreed that the constitutional text supports a right to carry guns in public. "It would take serious linguistic gymnastics — and a repudiation of this court's decision in Heller — to claim that the phrase 'bear arms' does not extend the Second Amendment beyond the home," Justice Thomas wrote.
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"The original article said that the Supreme Court would unleash a bloodbath of unprecedented proportions with its gun-rights fetish. We should have attributed that sentiment to unspecified others, as in 'some believe' or a similar formulation. We apologize for omitting that boilerplate."
Would you like a napkin to dab that froth?
Queen Amalthea is full of it, sources claim
"Some sources" in this case is at least me, but I object to the Bowdlerization of what I say resulting in your use of "it".
Would you like a hankie for the tears you're crying post VA election results?
GOP sweeps all three Statewide offices. Last time they did that was 2009.
Remember Nov 2010? I do.
Here's a prediction: Watching a 15% vote shift in one year, in VA of all places, will cause Barret and Kavanaugh to rediscover the US Constitution, and their spines.
VA election results:
https://www.pilotonline.com/government/elections/results/
Kind of odd that no one's in a party, but it is what it is.
Congrats on the election outcome.
But don't be an asshole.
Seriously?
The people whose "President abandoned Americans and their actual allies to die in Afghanistan, the people who celebrate tech companies censoring conservative thought, the people who glory in the government forcing people to lose their jobs because they don't want to take a shot that's not very effective, those people are telling ME not to be an asshole?
Your side is the absolute epitome of asshole. Leave us the f*ck alone, respect our bodily integrity, and accept that we are entitled to all the same rights to say and do as every other American, and then you can talk about "don't be an asshole".
You will toe the line established by your betters, clinger . . . but you get to continue to whimper about it as much as you like.
Losing the culture war -- because you are a roundly bigoted, superstitious, obsolete, contrarian loser -- has consequences.
Figured you'd come back with something like that.
You know who points to other people to justify their being an asshole?
Assholes.
What's really interesting about it?
Education is a winning issue for Republicans.
" Education is a winning issue for Republicans. "
If education includes lack of education, in the context of a state with plenty of Kornfield Kounty, maybe.
The superstitious hayseeds, half-educated bigots, disaffected losers, and other Republicans of downscale Virginia -- the ignorant, obsolete, racist parts of that state that might as well be in West Virginia, Tennessee, or Mississippi -- prefer backwater religious schooling, homeschooling, and nonsense-based schools to modern, legitimate education.
(That show from Kornfield Kouny was -- believe it or not -- at least as White as the Volokh Conspiracy is today. . . although that was 50 years ago.)
You pathetic stupid buffoon.
VA by region:
NoVa: McAuliffe+26 (Biden+38)
Rchmnd Area: McAuliffe+3 (Biden+16)
Hmptn Rds: McAuliffe+3 (Biden+16)
Southside: Youngkin+36 (Trump+22)
SWVA: Youngkin+53 (Trump+45)
Shen. Vly: Youngkin+33 (Trump+22)
Piedmont: Youngkin+11 (Biden+2)
Tidewater: Youngkin+28 (Trump+16)
You idiots lost on education everywhere. NoVa, that hotbed of superstitious hayseeds, half-educated bigots, disaffected losers, and other federal government employees moved GOP by 12 points.
Nobody sane likes your CRT racist bullsh!t.
By all means, bitterly cling to your crap ideas for another 3 years. I'm really looking forward to the electoral consequences of you doing so.
You losers can't afford to get rid of the senile Biden now, because if you do no Democrat will be approved to replace Harris as VP, so you'll lose your Senate "majority". but look on the bright side: after the hammering you get next year, there won't be any sort of Senate majority to lose.
Hell, New Jersey went at least 15 points GOP this election from 2017. Which is sad, because we needed 16 point for a win.
But if you think your crap is selling anywhere, with anyone , you're a moron
You expect a big electoral resurgence favoring conservative racists, superstitious gay-bashers, obsolete misogynists, Republican immigrant-haters, gun nuts, and half-educated hayseeds?
A development that flouts a half-century of American progress?
Mississippi and Oklahoma becoming America's advanced, leading communities, replacing New York and California?
Hillsdale, Liberty, Oral Roberts, and Grove City overtaking Princeton, Harvard, Berkeley, and Columbia?
Superstition reasserting itself against reason, science, and modernity?
I hope you like the taste of the soles of your betters' shoes.
"Education is a winning issue for Republicans."
Well, yeah. When one side says "parents butt out", and the other says "we reject racist indoctrination of your children, and think you should have the most control over you child's education", education is a winning issue for Republicans.
Now, here's the fun part: I don't think the Democrats can abandon their "parents butt out" position any time in the next year.
Something about Trump winning in 2016 drove the Left utterly insane. They were convinced they were going to win, they were going to have it all, and the big mean orange man took it all away from them. The base of the Party feels that they should have it all, that it's time to take the (rhetorical) masks off and jam their utterly righteous program down America's throats, because it's only stupid clingers and superstitious hicks who disagree with them.
Now, the Dems could give up on CRT, could give up on demanding that boys in skirts must be allowed to rape and molest girls in the girls' bathrooms, could give up on demanding that the teachers get to tell the parents to f'off.
That's what sane people would do, when the Richmond area and Hampton Roads move 13 point to the Right, and NoVa moves 12. When New Jersey as a State moves at least 15 points to the Right.
But I don't think the Dems can do it
There are fewer clingers available to vote Republican every year, as our great nation continues to become less White, less religious, less rural, less bigoted, and less backward each day.
At the national level, Republicans continue to move toward electoral irrelevance. They have been trying to reverse America's demographic and cultural tides for decades. They seem to be getting no better at it. Perhaps relying on a platform of racism, superstition, ignorance, xenophobia, gay-bashing, and backwardness was a mistake?
Justice Thomas wrote that prohibitions on concealed carry do not infringe on the Second Amendment right.
Justice Alito said the possession of short-barrelled shotguns should be a violent felony because they are "Much easier to conceal than long-barreled shotguns used for hunting and other lawful purposes, short-barreled shotguns can be hidden under a coat, tucked into a bag, or stowed under a car seat."
Justice Alito also said that Section III of the Heller opinion is the holding of the Supreme Court. Section III, as you may recall, began by saying that prohibitions on concealed carry do not violate the Second Amendment.
“Text and tradition”
Justice Brett Kavanaugh
At this point, you would be more credible if you declared the moon was made of green cheese.
Prohibitions on concealed carry do not infringe the 2nd amendment so long as open carry is permitted.
That said, at this point you'd be hard put to get a ban on concealed carry approved even under rational basis, so long as the scrutiny actually required it to be rational. The weight of the evidence in favor of concealed carry reform is pretty overwhelming.
And any 'living constitutionalist' ought to concede at this point that, however the 2nd amendment began, it has evolved to guarantee concealed carry as a right. 😉
Petty, paltry, right-wing ankle-nippers are among my favorite culture war casualties.
Carry on, clingers. Your betters in modern, educated, reasoning America will let you know how far and how long.
(An honorary Noble Prize is awarded to Prof. Josh Blackman for directing attention to The New York Times' identification of error in The New York Times.)
Rev. Arthur L. Kirkland
And yet guys like me have been stomping the clingers, shaping American progress against conservatives' preferences, for more than half a century, turning our vestigial bigots into disaffected, desperate, deplorable losers.
I'll continue to enjoy victory in the culture war and leave the assessments of smarts to othere.
I wonder what AK will think when he hears "up against the wall motherfucker!"
Is this a common fantasy of yours?
Right up there next to me with Ginger from Gilligan's Island....
It's clearly a common fantasy of AK's, though I expect in his daydreams it's not being said to him, but instead by him.
I don't think that's clear at all, Brett.
RAK is very clear he thinks the triumph of the left will be electoral.
The betters' victory has been electoral. It will continue to be electoral.
With help from reason, inclusiveness, education, modernity, science, and tolerance.
And some contribution from the losers' ignorance, bigotry, superstition, dogma, backwardness, insularity, and disaffected dysfunction.
In Kookland's silo he hasn't had any inkling of the election results in VA.
The dog returns to his vomit, the sow returns to her mire.
Rev. Kirkland's fingers go wobbling back to the fire.
R. Kipling "Gods of the Copybook Headings".
https://www.amazon.com/exec/obidos/ASIN/096419354X/reasonmagazinea-20/
I'll keep "clinging," thank you very much.
Rev. Arthur L. Kirkland
Not much a fan, but anyone who would take the time to create this account, wow, pathetic.
Queen Amalthea
https://www.youtube.com/watch?v=fsKodIoEsYU
Right to bear arms = always have it locked up and not allowed to bear it. Yup sounds just like what the Framers intended.
Yawn. I think the right to bear arms for individual self defense is protected as a substantive due process right, but as to what the 'Framers' wanted in the 2nd, I think it's fairly clear they wanted an armed populace for community defense.
Yes armed population trained in, using, and familiar with guns was part of their vision. Not some bizarro world where 'bearing arms' means guns are locked up like kryptonite never to be touched and their use is discouraged as much as possible. Pretty hard to have an armed population that way on anything but a technical level.
They wanted an armed populace to prevent tyrannical government, which is precisely why tyrants want to effectively obliterate the right.
Well, sure, they wanted an armed populace for community defense. But, once you've got the right to own and carry about guns, what's the constitutional basis for saying you can't defend yourself with one?
It would be like having a 1st amendment so that you can have an informed populace, and then thinking you could outlaw reading first aid books.
Collectivists often forget that an individual is the smallest minority, and a family is the smallest community.
And disassembled, with ammunition elsewhere.
I think they heard it from the ultra-reliable "unnamed source" within the Supreme Court who also goes by the handle Q sometimes. And liberals really do think that giving John Q. Public law abiding citizen a permit to carry a firearm in public will mean blood in the street but letting gangbanger T. Q. P. out of jail early for their violent crime will somehow not increase violent crime....
When our Jimmy explains what "liberals really do think", unintentional hilarity results. In the interest of helping the poor guy out, I'll provide an example of something a liberal (moi) thinks, first starting with a statistic :
The top countries by civilian firearms per 100 persons are:
1. United States : 120.5
2. Falkland Islands : 62.1
3. Yemen : 52.8
4. New Caledonia : 42.5
5. Montenegro : 39.1
The reason our country is awash in gun violence is because our country is awash in guns. I recently did a 23hr drive and chanced upon a trio of billboards advertising a local business. The first promised GUNS; the second promised AMMO; the third proclaimed FREEDOM.
There are actually people dumb-ass stupid enough to fall for that...
I'm not sure what you are trying to say in this post. The 2nd part makes it seem you are antigun. But your 'statistics' list is a bunch of random places that aren't really the first that come to mind when I think of violent countries. Does Montenegro have some reputation as a warzone I'm unfamiliar with?
If the number of guns in the hands of the U.S. citizenry were the real problem, we would know about it. That number of guns has - at a minimum - doubled in the last 30 years while the crime and murder rate has fallen more than that.
FBI crime statistics in the Uniform Crime Report and FBI NICS check statistics bear that out, not your bullshit bleats.
+ guns doesn't = + murder
Guns aren't violent, people are. So it's not the guns, but the hands the guns are in.
YOU are the one who is either dumb-ass stupid enough to fall for the gun-grabber propaganda, or you're paid to shill for it. I don't know and don't care which.
This doesn't prove anything except you have a tenuous grasp on reality.
Poe's law means I can't tell whether you're serious or not.
Of course all of that was proven not to happen, and it's pretty amazing that Democrats would do those things only in places where they don't control all the levers of government, but not somewhere like Virginia where they do.
A state with plenty of desolate backwaters -- can't-keep-up communities that belong in West Virginia or Alabama and were part of the Confederacy -- will swing back a bit toward the culture war's losing side periodically.
This does nothing to influence, let alone reverse, the longstanding, powerful tide of American progress.