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Salon
Salon
Politics
Heather Digby Parton

SCOTUS set to give the NRA its big win

Amy Coney Barrett, Clarence Thomas and Brett Kavanaugh Photo illustration by Salon/Getty Images

This weekend's horrific mass killing in Buffalo serves as a tragic reminder that the radicalism of the American right-wing is not confined to abortion policy or an anti-democratic movement to take over the election machinery for partisan gain. The most established extremist movement in the country is the unfettered gun rights movement.

Much like the anti-abortion zealots, gun extremists have been methodically chipping away at existing gun safety laws in states while pushing for federal action that would finally achieve their goal of legal possession of deadly firearms by anyone, anywhere, for any reason. There hasn't been as much talk about it, but the Supreme Court heard a case this session that could do for gun proliferation advocates what the Dobbs v. Jackson Women's Health Organization case looks poised to do for the anti-abortion movement. The decision could even be announced on the same day. It was just 14 years ago, in a case called District of Columbia v. Heller, that a bare majority of the Supreme Court held for the first time that the Constitution grants an individual right to bear arms. It was a landmark case that handed the gun lobby the definition it had long sought. Former Justice John Paul Stephens called it the worst decision of his tenure, noting that when he came on the court there was not even any discussion of gun ownership being a "fundamental right." Over the years, however, the NRA worked very hard to make the case and Heller was finally taken up by the conservative majority in 2008. However, even with that proclamation, the court did not suggest that this meant states had no right to enact gun safety measures. The author of the opinion, Justice Antonin Scalia held that while people had the right to keep guns in their homes, communities still had an interest in public safety and keeping dangerous modern weapons off the streets. That was unsatisfying for the gun fetishists so they immediately began taking steps to ensure that interest was as proscribed as possible.

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