This past Tuesday, the Supreme Court heard oral arguments in Wolford v. Lopez, the Second Amendment case out of Hawaii in which the Aloha State is defying the Constitution and claiming it can ban concealed carry holders from all private property that is open to the public unless they have the explicit permission of the owner. Thus, you can spend a year in jail if you carry a gun that you have a license to carry onto private property that is open to the public such as a mall or a gas station where the owner is completely silent on the issue.
In other words, silence equals prison in Hawaii.
The oral arguments were full of questions, debates, and discussion of the Second Amendment and the Supreme Court’s prior holdings on this very important provision of the Bill of Rights. But what was shocking was the reliance by Hawaii’s lawyer, Neal Katyal, a distinguished Supreme Court advocate, on blatantly bigoted state laws — the infamous Black Codes — to justify Hawaii’s defiance of the Second Amendment rights of its residents.
The Black Codes were some of the first laws passed in the United States to restrict gun ownership — and they were implemented in segregationist states like Louisiana after the end of the Civil War. They had one purpose, and one purpose only: to prevent newly freed black Americans from being able to defend themselves from the threats, assaults, intimidation, and killings perpetrated by the Ku Klux Klan and other white, racist segregationists.
Justice Neil Gorsuch said he was “astonished” that Hawaii would “rely very heavily on an 1865 black code law in Louisiana,” with Katyal seemingly claiming that Hawaii’s law is “a dead ringer and reason alone to affirm the judgment.” Gorsuch said he really wanted “to understand how that could be,” that Hawaii is relying on a racist, historical outlier to support its argument that its law ought to be upheld.
Katyal didn’t seem to want to answer the question, referring to a California law instead, and Gorsuch chided him saying, “Why don’t you answer the question posed? I want to understand how you think black codes should inform this Court’s decision making.” Katyal admitted, “The black codes are undoubtedly a shameful part of our history,” but then made the astounding claim, “That doesn’t at all mean that this particular [Louisiana] law is irrelevant to Second Amendment analysis.”
Gorsuch’s response to Katyal’s rambling explanation of why Hawaii was embracing the racist black codes to try to uphold Hawaii’s firearms restrictions was akin to a vampire embracing garlic. In short, suggesting that such reasoning was unfathomable, inexplicable, and harmful to Hawaii’s argument.
Read the rest here.
No comments:
Post a Comment