Show Notes
Episode 138. Rahimi, Politics, and Originalism
In this episode of the Forge of Freedom podcast, host Alex Ooley discusses the recent Supreme Court decision in the Rahimi case, which challenged the constitutionality of a federal statute prohibiting the possession of firearms and ammunition by someone subject to a domestic violence restraining order. Ooley argues that while some commentators view the decision as a victory for the Second Amendment, it is actually a loss, albeit not as bad as it could have been. He provides background on Second Amendment litigation and the Supreme Court's previous decisions in the Heller and McDonald cases. Ooley analyzes the court's opinion in Rahimi, highlighting the use of historical analogs and the potential implications for future gun control regulations. The main theme is the interpretation of the Second Amendment and the application of the text, history, and tradition analysis. The conversation highlights the disagreement among the justices regarding the proper methodology for evaluating gun control laws. The dissenting opinion by Justice Thomas is praised for its adherence to originalism and the recognition of the Second Amendment as a barrier to government infringement. The conversation also touches on the potential implications of the decision for future gun control laws.
Chapters
00:00 The Rahimi Decision: A Loss for the Second Amendment
02:14 Background on Second Amendment Litigation
05:03 The Supreme Court's Opinion in Bruen
07:00 Interpreting the Constitution and the Bill of Rights
14:48 Analyzing the Supreme Court's Opinion in Rahimi
33:30 Concurring and Dissenting Opinions
34:46 Interpreting the Second Amendment
36:14 The Law Trapped in Amber
39:08 The Methodology Debate
50:25 The Presumption Against Restrictions
56:29 Justice Thomas's Dissenting Opinion
01:00:04 Implications for Future Gun Control Laws
Resources
Rahimi
https://www.supremecourt.gov/opinions/23pdf/22-915_8o6b.pdf
https://www.scotusblog.com/case-files/cases/united-states-v-rahimi/
Kostas Moros on X (@MorosKostas)
https://x.com/moroskostas/status/1804253379528659042?s=43
2A
History on X (@2AHistory)
https://x.com/2aHistory/status/1804765586875945307
https://twitter.com/GunFoundation/status/1804162255795167356/photo/1
FPC (@gunpolicy)
https://www.firearmspolicy.org/fpc-statement-on-rahimi-decision-by-us-supreme-court
GOA
(@GunOwners)
https://www.gunowners.org/goa-reaction-scotus-rules-against-second-amendment-in-u-s-v-rahimi/
SAF
(@2AFDN)
https://saf.org/saf-statement-on-supreme-courts-rahimi-decision/
Trapped
in Amber
https://image4.slideserve.com/9136446/amber-l.jpg
SCOTUSblog
re Rahimi
TenthAmendmentCenter (@TenthAmendment) / X
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#liberty
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#TenthAmendmentCenter
#TAC
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