Monday, June 7, 2021

Monday at the Bar. The Predictable decision in Miller v. Bonta results in public freaking out.

 Nothing is more enjoyable than latching on to a single line in a written opinion and then flying into righteous if misbegotten public indignation.

Such is the case with the decision in California in Miller v. Bonta.

As you can see, I've linked in the 94, yes, 94, page decision so if people want to actually read it, which they largely do not, they can.  Reading such things, and then applying the required pondering to really grasp what they mean, requires effort, and it's much more fun just to rely on the press grabbing a single line and running with that. That's what's occurred here.

The line the press grabbed was one in which the Court compared the AR15 to the Swiss Army Knife for its utility, making the point it was useful for everything.  Personally, I think the AR15 is a lousy rifle, but that's besides the point.  The Court goes through an extremely lengthy analysis and concludes that California's ban on "assault rifles" is unconstitutional under the Second Amendment.  That's because it clearly is.

None of which has caused people from decrying the Court and accusing the jurist of bias and resorting to political arguments, the latter of which have no place in a legal opinion.

And all of which give advance notice of how the press and public will react to the United States Supreme Court's upcoming dismantling of Roe v. Wade, which was a terrible decision from a legal prospective and which any rational consideration of would demand for its removal. That doesn't say how that issue will ultimately end up, but the decision is simply a bad one.

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