' But whatever else they were, the founders were not lacking in imagination or the power of analogous reasoning; nor did they seek to forever lash their descendants to the most cramped reading of democracy they could conjure. They thought creatively and capaciously, particularly about how history and tradition should be used to reason about justice, well-being, law, and government.... '

#FoundersIntent #JudicialReasoning #Guns #DomesticViolence #Rahimi

https://slate.com/news-and-politics/2023/02/gun-laws-bruen-clarence-thomas-framers-domestic-abuse.html

Now out, a piece co-written with @Dahlialith, and given a terrific headline by Jeremy Stahl: “Let’s Stop Pretending Clarence Thomas Can Read the Framers’ Minds."

We explain that *nothing* about historical analogy requires the Supreme Court to allow domestic abusers, among others, to have guns.

https://slate.com/news-and-politics/2023/02/gun-laws-bruen-clarence-thomas-framers-domestic-abuse.html

#GunViolence #2A #Guns #Bruen #Heller #Rahimi #DomesticViolence #LawFedi

' Originalist ideology glorifies an era of blatant oppression along racial, gender, and class lines, transforming that era’s lowest shortcomings into our highest standards... [The] consequence of chaining constitutional interpretation to a time when much of the country was much worse off and only a rarefied few held power is as foreseeable as it is deadly: Huge swaths of the population will be worse off once again.... '

#USConstitution #originalism #guns #Rahimi

https://www.theatlantic.com/ideas/archive/2023/02/originalism-united-states-v-rahimi-women-domestic-abuse/672993/