The Forge of Freedom

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

https://www.scotusblog.com/2024/06/supreme-court-upholds-bar-on-guns-with-domestic-violence-restraining-orders/

TenthAmendmentCenter (@TenthAmendment) / X

https://x.com/TenthAmendment

#freedom

#Rahimi

#SCOTUS

#2A

#firearms

#JamesMadison

#Federalist

#AntiFederalist

#selfdefense

#naturalrights

#liberty

#propertyrights

#TenthAmendmentCenter

#TAC

#ForgeofFreedom

DISCLAIMER: This podcast is for informational purposes only and should not be considered legal, medical, or financial advice. The views expressed in this podcast are those of the hosts and guests and do not necessarily reflect the views of any organizations or individuals they may mention. The hosts and guests are not liable for any damages that may result from someone listening to this podcast.

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