Rahimi: Supreme Court appears poised to affirm that the Constitution is not a suicide pact

PRESS RELEASE

For Immediate Release on November 7, 2023

Subject: SCOTUS United States v. Zackey Rahimi Oral Argument

Newswise — Rahimi: Supreme Court appears poised to affirm that the Constitution is not a suicide pact.[1]

WASHINGTON, D.C., Nov. 7, 2023 – The National Family Violence Law Center at GW Law School is pleased to report that the Supreme Court appears to be poised to reverse the Fifth Circuit in United States v. Rahimi, and to affirm the firearm prohibition for domestic abusers subject to civil protection orders.  The Fifth Circuit decided that, because there was no similar legal prohibition at the time of the Founding, the Second Amendment right to bear arms is violated by the modern federal and state prohibitions.  However, at oral argument this morning, a majority of the Justices appeared receptive to the U.S. government’s argument, superbly presented by Solicitor General Elizabeth Prelogar.

The case arose in context of the Supreme Court’s recent re-interpretations of the Second Amendment to (i) establish a constitutional right to bear arms in self-defense, District of Columbia v. Heller, 554 U.S.570 (2008) and (ii) require any restrictions of that right to comport with historical tradition, New York State Rifle and Pistol Association, Inc. v. Bruen, 142 S. Ct. 597 U.S. – – (2022).  Lower courts have struggled mightily with how to apply the historical analysis, with many striking down commonsense regulations, such as prohibitions on possession of a gun with the serial number scraped off.

NFVLC Founding Director Joan Meier stated: “Domestic abusers, even those who have not been convicted of a crime, present massive risks to their families as well as the public.  An abuser who possesses a gun is nearly six times more likely to kill his adult victim than one without.  Half of all mass shootings have been perpetrated by a domestic abuser. And last but not least, children are at great risk from domestic abusers with guns.” 

The Center’s amicus brief in the Rahimi case notes: “The home is the most dangerous place for American children; over 85% of firearm deaths of children under 12 occur in homes.” Brief Amici Curiae of the Domestic Violence Legal Empowerment and Appeals Project and the National Family Violence Law Center at GW Law et al. (p. 8). The brief highlights case narratives from surviving protective parents whose children were murdered by firearm by abusive ex partners.

Meier also noted that it was reassuring to see that most of the Justices appear to accept the necessity of commonsense gun regulations, with at least one potentially also questioning the historical approach to Second Amendment interpretations.  Justice Jackson repeatedly questioned how the modern courts should consult history, when that history excluded whole populations (slaves, indigenous native Americans) from its definition of “the people” and did not recognize domestic violence as a significant problem.

About NFVLC: The National Family Violence Law Center is the preeminent home for national research and expert support to better protect domestic violence victims, including children, in contested custody cases. The Center provides pioneering quantitative and qualitative research, training and education, state and federal policy development, and selective litigation.

###

[1] Justice Robert H. Jackson, Terminiello v. Chicago (1949)