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Thomas's Moment

Added 06-27-22 12:31:01am EST - “Justice Clarence Thomas's moment has arrived. His majority opinion in Bruen (the gun rights case), and his concurrence in Dobbs, are drawing considerable attention, and rightly so. Among many?” - Powerlineblog.com

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Posted By TheNewsCommenter: From Powerlineblog.com: “Thomas’s Moment”. Below is an excerpt from the article.

His majority opinion in Bruen (the gun rights case), and his concurrence in Dobbs, are drawing considerable attention, and rightly so.

Among many other virtues, his opinions have managed to dual feat of laying out serious legal and constitutional arguments while trolling the left at the same time. This may be my favorite passage in his Bruen majority opinion:

After all, the Second Amendment guarantees an “individual right to possess and carry weapons in case of confrontation,” Heller, 554 U. S., at 592, and confrontation can surely take place outside the home. 

Although we remarked in Heller that the need for armed self-defense is perhaps “most acute” in the home, id., at 628, we did not suggest that the need was insignificant elsewhere. Many Americans hazard greater danger outside the home than in it. See Moore v. Madigan, 702 F. 3d 933, 937 (CA7 2012) (“[A] Chicagoan is a good deal more likely to beattacked on a sidewalk in a rough neighborhood than in his apartment on the 35th floor of the Park Tower”). The text of the Second Amendment reflects that reality.  [Emphasis added.]

Second, Thomas invoked the infamous Dred Scott case in both Bruen and Dobbs, with strikingly good effect both times. The left is freaking out, attacking Thomas for supposedly citing Dred Scott approvingly, when he does no such thing. But we know reading comprehension is not a strong suit of leftists.

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