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Salon
Salon
Politics
Erwin Chemerinsky

"Originalism" will likely kill women

A federal appeals court put many women's lives in danger last week by declaring unconstitutional a federal law that makes it a crime for those under a restraining order in a domestic violence case to possess a firearm. Three conservative judges, two of whom had been appointed by Donald Trump, did this for the absurd reason that such regulations did not exist in 1791 when the Second Amendment was adopted.

The decision, relying heavily upon the Supreme Court's June 2022 decision in New York State Rifle & Pistol Association v. Bruen, reversed a Texas jury's conviction of Zackey Rahimi, who admitted owning a firearm that police found in a search of his home and also admitted that a local Texas court had issued an order barring him from "harassing, stalking, or threatening" his ex-girlfriend after an alleged assault.

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