The Supreme Court’s decision on June 21, 2024, in U.S. v. Rahimi, overturned the Fifth Circuit Court of Appeals[1] unanimous opinion that 18 U.S.C. §922(g)(8) is unconstitutional because it violates the Second Amendment “right of the people to keep and bear Arms.” This is yet another example of the Supreme Court recently recognizing “a pre-existing right belonging to the American people” that was “codified” in the Second Amendment. Then ignoring “the plain text”— “the right of the people to keep and bear Arms, shall not be infringed”— thereby granting Congress and the Government, at all levels, the ability to pretty much over-regulate this essential right, making it virtually meaningless for too many Americans.
The Supreme Court Majority Admits to Violating Their Oath
The Supreme Court majority once again sided with the Government, violating their oath to support the Constitution. As explained by Justice Bradley (1886), “It is the duty of courts to be watchful for the constitutional rights of the citizens, and against any stealthy encroachments [by Congress and Government].”
Packing the Supreme Court May Restore Freedom
According to Aaron Belkin, director of the progressive group Take Back the Court, “The Supreme Court is a danger to the health and well-being of the nation and even to democracy itself. . . Adding seats is the only way to restore balance to the court, and Congress should get started right away.” Justice Stephen G. Breyer, in a recent speech at Harvard Law School, warned proponents of packing the Supreme Court to “think long and hard” about the risks of the court being viewed as more political, undermining the trust in the institution.