This past week saw a huge win for gun rights, in tha
t SCOTUS the Fifth circuit struck down a part of the GCA that was added during the Clinton administration – making eliminating a provision of the law that prohibited persons out of people who are subject to domestic violence restraining orders. AWA over at GunFreeZone did an excellent post on the ruling, and I won’t attempt to recreate that here.
There are those who oppose that ruling and are claiming that there will be domestic abusers lining up to kill their former partners over this. I don’t think that there will be any big changes. Those who want to kill their partners just aren’t deterred by a piece of paper saying that killing someone is illegal, even if signed by a judge. The left always assumes that criminals are simply honest people who gave in to a moment’s impulse, and each of us is equally likely to give into an impulse to kill others. An interesting insight into the leftist mind, eh?
My opinion on these DV orders is that they are bullshit aimed at men in an attempt to give women another arrow in their lawfare quiver. About ten years ago, I was the subject of one of those orders. It was sought and granted without me even being present, with the initial order not even having my correct name on it, by a woman that I hadn’t even seen in months, and in that order she alleged that I did things in stalking her that were impossible because I was not even in the country when they were alleged to have happened.
David Letterman was once subject to a DV order that was obtained by a woman who lived thousands of miles away, after the woman alleged that they were in a secret affair and that Letterman was sending her secret messages using his top 10 lists as a code. Using accusations of domestic violence has become a common tactic for women who wish to win divorce and child custody cases, as well as angry girlfriends who wish to get back at former boyfriends. Men have no legal recourse against women who are proven to be lying.
- 25% of all divorces include accusations of domestic violence.
- 50% of all domestic violence restraining orders are issued without allegations of violence.
- 70% of domestic violence restraining orders are trivial or false. (PDF warning)
- 85% of restraining orders are against men
The decision that is the subject of this post fixes some of that. That isn’t how the left, or apparently Brett Kavanaugh, sees it. Kavanaugh wrote a concurring opinion in the Bruen case, arguing that sometimes we have to weigh in on whether or not a law is a good idea.
That’s where he is wrong.
The Amendment says “shall not be infringed.” It doesn’t say “… unless you have a really good reason to do so.” The Supreme Court isn’t there to decide whether or not a law is a good idea. The court is there to decide whether or not a particular law comports with the Constitution. Deciding whether or not a law is a good idea is the job of Congress. All of the authority of the government derives from the Constitution. Any power or authority that the government takes upon itself that is outside of that authority is nothing more than tyranny, an unconstitutional power grab that is based upon the principle of “might makes right” that flies in the face of the principles upon which the “government of the people, by the people, and for the people” was built upon.
There are those who would try and make the case that there is some balancing act to be done, but that isn’t how our government is supposed to work. Thomas sees that. Scalia, although a pragmatic sort of man, saw that as well. Kavanaugh does not.
The left, well, they don’t see the Constitution as anything more than a piece of paper containing words that can be worked around, as long as the words are pretty enough.
Fuck them. Not one more inch. This decision is proof to me that the jury box isn’t completely dead. The war continues.