Chief Justice Roberts's greatest gift is to make a complicated case look simple–so simple, that the answer he reaches seems like the only plausible outcome. In less than 18 pages, Roberts purports to reaffirm Bruen while actually diluting the precedent. Now, the lower courts can uphold any gun control law that is "is consistent with the principles that underpin our regulatory tradition." If you read it quickly, you won't even realize what he's done. But this majority opinion in Rahimi is yet another masterclass in misdirection.
What is the leading "principle" that underpins the tradition for 922(g)(8)? Surety laws. As I was reading through the Chief's opinion, I could not stop thinking about the Obamacare cases. My NFIB PTSD was recently triggered by Moore, and Rahimi dragged me back in.
What is the connection, you may ask? Society has long determined that certain conduct is bad. There are several ways to deal with misconduct. First, after the person engages in misconduct, he can be punished. This is the criminal justice system. Second, if the person is likely to engage in misconduct, he can be subjected to some sort of prospective injunction to bar him from engaging in that misconduct. Think of the domestic violence restraining order at issue in Rahimi. Third, a person can choose to prospectively pay some sort money that will allow them to engage in that misconduct.
