The Hawaii Supreme Court handed down a unanimous opinion on Wednesday declaring that its state constitution grants individuals absolutely no right to keep and bear arms outside the context of military service. Its decision rejected the U.S. Supreme Court’s interpretation of the Second Amendment, refusing to interpolate SCOTUS’ shoddy historical analysis into Hawaii law. Dahlia Lithwick and Mark Joseph Stern discussed the ruling on this week’s Slate Plus segment of Amicus; their conversation has been edited and condensed for clarity.
The liberal judges on SCOTUS still recognize 2A, though maybe with a few more restrictions. You wouldn’t see them pass this decision.
I don’t know how they would have decided on this specific case, but I’m happy to see anyone standing up to the extreme extent the modern court has taken things with the second amendment. DC vs Heller, which started this nonsense not allowing basically any effective gun control legislation to stand, was a close decision, 5-4. The dissenting opinion was even written by a conservative registered republican, appointed by a republican president (John Paul Stevens, yes he was considered a conservative appointee, but looked more liberal over time as the court got more extreme around him): In a dissenting opinion, Justice John Paul Stevens stated that the court’s judgment was “a strained and unpersuasive reading” which overturned longstanding precedent, and that the court had “bestowed a dramatic upheaval in the law.”
Our current judicial extremism on gun rights is out of control. More recently a gun control law that had stood for a hundred years in New York was struck down. And yes it was 6-3 with all the liberal justices strongly dissenting. Our current interpretation of the second amendment is an extreme modernist interpretation twisted by people like the Federalist Society and NRA, with plenty of money from gun manufacturers and other interests flowing in.
https://en.wikipedia.org/wiki/District_of_Columbia_v._Heller https://en.wikipedia.org/wiki/New_York_State_Rifle_%26_Pistol_Association,_Inc._v._Bruen