Federal judge blasts the Supreme Court for its Second Amendment opinion
A federal judge based in Mississippi has released a scorching order expressing frustration with the Supreme Court’s Second Amendment opinion issued last summer and ordered the Justice Department to brief him on whether he needs to appoint an historian to help him decipher the landmark opinion.
The opinion in New York State Rifle & Pistol Association v. Bruen changed the framework judges must use to review gun regulations. Going forward, Justice Clarence Thomas said that a gun law could only be justified if it is “consistent with this Nation’s historical tradition of firearm regulation.”
Judge Carlton Reeves – who is considering a case concerning a federal statute prohibiting felons from possessing firearms – said he is not sure how to proceed.
“This court is not a trained historian,” Reeves wrote in an order released last week.
“The justices of the Supreme Court, as distinguished as they may be, are not trained historians,” he continued.
“And we are not experts in what white, wealthy and male property owners thought about firearms regulation in 1791,” he said.
The Bruen decision, he said, requires him to “play historian in the name of constitutional adjudication.”
Well if you haven’t been looking to the historical context, what have you been doing with your decisions? And don’t conflate your own ignorance with that of the Justices.
So here are some suggestions for you. Read the primary source literature – such as the writings of the founders themselves, and also the newspapers of the era. I think you’ll find that free men were allowed to possess firearms, that rapists, murderers and kidnappers were punished with death (as they should have been), and that there wasn’t generally a belief in the rehabilitative power of imprisonment. So a man who is convicted today of assault and battery with intent to kill, for example, is likely to have been put to death in Colonial times even if he would be released today. Much of this is a problem of our own creation.
Then after studying the primary literature, study the secondary source literature. You can learn all about American history, like you should have done in your “education.”
Then maybe you won’t be a dummy.

