Category Archives: Second Amendment

Perhaps the best example came in Duncan v. Bonta, a Second Amendment case decided last November by the en banc Ninth Circuit. VanDyke again found himself at odds with his colleagues, this time over Californias virtual ban on large-capacity magazines. Like other federal circuit courts that have considered similar laws, the majority applied intermediate scrutiny and upheld the restrictions. Judge Patrick Bumatay, one of the courts other conservative members, wrote a lengthy dissent explaining why he thought the Ninth Circuit should abandon the balance-of-interests approach. Instead, he argued, judges should evaluate whether restrictions are rooted in the text, tradition, and history of the Second Amendment.

VanDyke, writing separately, said he largely agreed with Bumatays dissent. So why write his own? He wanted to complain that he thought his colleagues were possessed maybeby a single-minded focus on ensuring that any panel opinions actually enforcing the Second Amendment are quickly reversed. In VanDykes eyes, the majority of our court distrusts gun owners and thinks the Second Amendment is a vestigial organ of their living constitution. He described mass shootings as a statistically very rare harm, akin to airplane crashes, and less lethal overall than car crashes, which kill far more people each year.

Though he engaged with the majoritys legal arguments, he also accused them of operating under their personal biases against guns, and urged the Supreme Court to tighten its Second Amendment rulings to deprive them of any discretion. Ultimately, it is not altogether surprising that federal judges, who have armed security protecting their workplace, home security systems supplied at taxpayer expense, and the ability to call an armed marshal to their upper-middle class home whenever they feel the whiff of a threat, would have trouble relating to why the average person might want a magazine with over ten rounds to defend herself, he opined.

This time, his attacks on his colleagues drew a response. In footnotes in her opinion for the court, Judge Susan Graber turned his comparisons to car crashes and plane crashes against him. A ban on large-capacity magazines cannot reasonably be considered a ban on firearms, she explained, any more than a ban on leaded gasoline, a ban on dangerously designed gas tanks, or speed limits could be considered a ban on cars. And while she agreed on the rarity of airplane crashes, she noted that legislatures recognize that the serious harm caused by even a single crash justifies extensive regulation of the industry, similar to the social and personal impact of mass shootings.

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The Rude Trump Judge Whos Writing the Most Bonkers Opinions in America - The New Republic

Andy Parker, the newly announced Virginia congressional candidate whose daughter was a reporter who was shot and killed on live TV, says one big reason he's running for office is to reform Section 230, a law that protects social media companies from lawsuits over content on their platforms.

Since his daughter Alison and her cameraman Adam Ward were shot and killed by an ex-coworker in 2015, Parker has struggled unsuccessfully to purge social media of the video of their shooting. Although he has filed multiple Federal Trade Commission complaints with Google and Facebook in the ensuing years, he has received no response.

"I've decided I've got to do it from the inside. As a congressman, I want to be able to ask the FTC why they haven't responded I want to enact change to reform section 230," he told CBS News' "Red & Blue" Monday. "And I'm not doing this just for me. There are other people. I happen to be one of the more visible people, but there are plenty of people out there that have been harmed."

He said that since his campaign announcement earlier this month, people have been reaching out about content on social media websites.

"Families want to protect their kids from graphic violence, from pornography, from abuse and harassment and misinformation that's tearing our country apart, and it's got to stop," he said.

Parker is challenging Republican incumbent Bob Good, a hardline conservative freshman representing Virginia's 5th District, whom Parker called a "clown" and "Marjorie Taylor Greene-wannabe."

"He's still claimed that COVID is a hoax even though at least 1,500 people in the district have died," Parker said, and said he had created an "atmosphere" that encouraged a woman to threaten bringing guns to a Virginia school board meeting over their mask mandates.

"He's creating this dangerous climate and he's got to go, and I think there are enough people in the district that are going to say, 'Yeah, you know what, I may not be able to vote for a Democrat, I might just vote for Andy Parker or sit this one out,' which would be the same thing," he added.

While he has fought for "common-sense measures" to address gun violence since his daughter's death, Parker said his personal safety isn't something he thinks much about, even after the January 6 insurrection and rising threats to election officials and politicians.

"Nothing's worse than losing a child. And so, my own personal safety, I don't really think about it," he said. "People have been very generous and kind, and I have continually said that I support the Second Amendment. They're gonna say, 'Well that Parker is a gun grabber,' and that's just not the case."

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Aaron Navarro is an associate producer for the political unit at CBS News, focusing on House and gubernatorial campaigns as well as the census and redistricting.

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Congressional candidate whose daughter was killed on live TV wants reform of Section 230 - CBS News

The Supreme Court announced the first trio of cases it will hear during its 2022-2023 term. All of them are legally substantial. And by this fall, President Joe BidenJoe BidenCongress in jeopardy of missing shutdown deadline Senate to get Ukraine, Russia briefing on Thursday As Social Security field offices reopen, it's time to expand and revitalize them MOREs choice for Justice Stephen BreyerStephen BreyerSenators give glimpse into upcoming Supreme Court nomination battle White House rebukes GOP senator who said Biden's Supreme Court pick 'beneficiary' of affirmative action What does it mean to have a Supreme Court that 'looks like America'? MOREs replacement will likely be considering them. At that point, the courts ideological configuration will remain 6-to-3, with conservatives firmly in control. But the new justice will no doubt change the face of the Supreme Court (which has been on a negative political trajectory since former Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellCongress in jeopardy of missing shutdown deadline Biden's 'New Political Order' Cotton says he will keep an 'open mind' on Biden's Supreme Court nominee, but doubts GOP will support them MORE (R-Ky.) denied President Barack ObamaBarack Hussein ObamaWhat does it mean to have a Supreme Court that 'looks like America'? Cotton says he will keep an 'open mind' on Biden's Supreme Court nominee, but doubts GOP will support them Can we sue our way to climate action? MORE his constitutional prerogative to fill a vacancy in 2016).

After Breyer leaves, all the progressives will be women: Justices Sonia SotomayorSonia SotomayorWhat does it mean to have a Supreme Court that 'looks like America'? How Breyer's replacement could reshape court's liberal wing Confirmation bias: The fighting has already begun, and Biden hasn't even named a nominee MORE, Elena KaganElena KaganWhat does it mean to have a Supreme Court that 'looks like America'? How Breyer's replacement could reshape court's liberal wing Supreme Court clears way for Alabama execution MORE and Bidens nominee. For the embattled conservative majority, a steady drumbeat of exclusively female dissents in politically charged cases will not look good.

To be sure, Bidens vow to choose a Black woman for the position has drawn criticism. Sen. Roger WickerRoger Frederick WickerSenators give glimpse into upcoming Supreme Court nomination battle White House rebukes GOP senator who said Biden's Supreme Court pick 'beneficiary' of affirmative action Graham: Nominating a Black woman to the Supreme Court wouldn't be affirmative action MORE (R-Miss.) cynically suggested that any such person would be a beneficiary of affirmative action. Sen. Susan CollinsSusan Margaret CollinsSenators give glimpse into upcoming Supreme Court nomination battle GOP governor pushes back on Trump suggestion of pardons for Jan. 6 rioters if elected Sunday shows - Biden Supreme court nominee, Russia sanctions dominate MORE (R-Maine) complained that Bidens approach adds to the further perception that the court will be a political institution like Congress, when it is not supposed to be. (Meanwhile, its Collins who in 2018 unnecessarily cast the critical vote to put Justice Brett KavanaughBrett Michael KavanaughWhat does it mean to have a Supreme Court that 'looks like America'? Cotton says he will keep an 'open mind' on Biden's Supreme Court nominee, but doubts GOP will support them Overturning Roe isn't only about red states or abortion MORE on the court rather than find a less controversial Republican candidate.)

The critics comments ignore the mostly male and mostly white legacy of what has become perhaps the most supremely powerful yet unelected institution of government in the land. For the first 178 years of the courts history, only white males were tapped to decide the constitutional rights of everyone else. Justice Thurgood Marshall was the first African American selected for the court one of only two in its history, with Justice Clarence ThomasClarence ThomasWhat does it mean to have a Supreme Court that 'looks like America'? What do Republicans stand for? Cotton says he will keep an 'open mind' on Biden's Supreme Court nominee, but doubts GOP will support them MORE succeeding Marshall in 1991. Of the 115 justices to have served on the high court, only five have been women, despite the fact that women comprise 50.8 percent of the total U.S. population.

So, what would it mean if a mostly male majority makes sweeping changes to the Constitution over the objections of an all-female minority? This term, the court has on its docket three biggies when it comes to polarizing legal issues: abortion, guns and religion.

Breyer apparently plans to stick around to have a say in the Dobbs v. Jackson Womens Health Organization ruling, in which the court will decide whether states can ban all pre-viability abortions. It has the potential to overrule Roe v. Wade, which protects womens autonomy over pregnancy up until 24 weeks gestation.

The court will also decide whether its limited precedent protecting handgun ownership in the home under the Second Amendment will extend to ban regulation of firearms outside the home.

And in Carson v. Makin, the court could draw a new red line requiring states to use taxpayer dollars to fund religious education, essentially erasing the longstanding legal separation between church and state.

Breyers vote wont change the outcome of these cases. That will be dictated by conservatives that now include Justice Amy Coney Barrett. Yet, his measured pragmatism could find its way into a dissenting opinion.

So far, the cases on the docket for the fall dont have the same headlining appeal, but their potential impact on the Supreme Courts posture as a policy-making powerhouse is unmissable. The court will consider whether to overrule its prior precedent allowing institutions of higher education to use race as a factor in admissions decisions by effectively banning affirmative action. It will decide whether challenges to the Federal Trade Commissions structure can be brought directly in federal court rather than in the agency in the first place an issue that could wind up putting more power in the Judicial Branch by stripping the agency of its authority to hear certain cases. And it will determine what wetlands can be regulated by the Environmental Protection Agency under the Clean Air Act again inviting the court to dilute a federal agencys power while aggrandizing its own.

To be clear, theres nothing unusual about the Supreme Court deciding whether the Constitution and acts of Congress confine certain behavior, such as the ability of universities to consider race in its admission decisions, or the ability of federal agencies to take certain actions. Whats unusual is that this conservative majority is poised to continue pushing legal boundaries that were settled like the Constitutions protection of abortion and affirmative action without having to get the buy-in of moderate justices. Because the conservatives dominance is now completely unchecked, theres not much that progressives on the court can do on behalf of the majority of the populace anymore. But the optics of mostly male edicts in the face of all-female dissents will underscore Breyers concern that If the public sees judges as politicians in robes, its confidence in the courts and the rule of law itself can only diminish.

Kimberly Wehleis a professor at the University of Baltimore School of Law and author of How to Read the Constitution and Why, as well as What You Need to Know About Voting and WhyandHow to Think Like a Lawyer and Why (forthcoming February 2022). Follow her on Twitter:@kimwehle

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With Breyer's exit, all SCOTUS progressives will be women | TheHill - The Hill

With a state budget surplus of nearly $3 billion and determination to fight federal mandates, Spartanburg area lawmakers have plenty on their plates in this, the second year of the 124th session of the South Carolina General Assembly.

Bills filed address vaccine and mask mandates, abortion, critical race theory, gun rights, tax reform, election integrity, and marijuana decriminalization. There'seven a bill to designate the enjoyment of antique motor vehicles as the official family-friendly pastime of South Carolina.

Here is a look at some bills and issues supported by Spartanburg area lawmakers:

Marijuana possession, H 3228, decriminalizes possession of an ounce or less of marijuana and 10 grams or less of hashish. The bill was referred last year to the House Judiciary Committee.

Law enforcement diversity, H 3667, requires law agencies in communities "with a relatively high concentration of minority residents" to recruit, train and promote minority officers.The bill was referred to the House Judiciary Committee.

Law enforcement civilian review board, H 3668, requires local governments to establish a law enforcement civilian review board to investigate incidents involving the use of force by a law enforcement officer, review internal investigations and recommend disciplinary actions.

Domestic violence,H 4765, allows a court to admit evidence of a previously committed offense by a defendant in a criminal domestic case proceeding.

Primaries, H 3496, requires voters to register by party affiliation and allows voters to cast ballots only in their party's partisan primary election. Partisan voters may not switch parties for two years.

Homestead property tax exemption, H 3452, increases the homestead property tax exemption from the first $50,000 to the first $100,000 of fair market value.

Social media, S551, requires the owner ofa social media website to notify a user when their account is disabled or suspended, with an explanation of why.

Medical Ethics and Diversity Act, S 811, allows doctors, nurses and other medical practitioners to decline to participate in health care services that violate their conscience.

Tax cuts, S 924, also sponsored by Sen. Scott Talley of Spartanburg, the Job Creation and Competitiveness Act of 2022 would eliminate all South Carolina business income taxes for C and S corporations and limited liability corporations and cut the personal top rate from 7% to 3.5% and close sales tax loopholes to cover the cost.

"This is important if we want to remain competitive with North Carolina in the coming years with their cutting of taxes," Kimbrell said.

Threatening public officials, H 3728, creates a felony offense with up to 30 years in jail for threatening to kill or harm a public official, public employee, teacher, principal or immediate family member when the threat is directly related to their job.

"You know the world is turned upside down right now," Hyde said at a press conference last month in announcing the bill. "We need to turn it right side up,and this is one way."

Trail tax credits, H 3120, provide a tax credit to any property owner who voluntarily grants a permanent, public recreational trail easement. A similar bill sponsored by Senator Talley, S 774, is in the Senate.

"The tax credit would serve as another way toencourage the growth of trail systems across the state," Hyde said. "A local example would be The Dan (Daniel Morgan Trail System). This concept is an all-around win because it cuts taxes, drives economic development and improves the health of our citizens."

Second Amendment Protection Act, S 0369, also sponsored by Sen. Shane Martin, of Pauline, prevents federal agents and South Carolina authorities from enforcing any federal laws related to firearms and ammunition.

The most pressing legislation is passage of bills to protect residents from federal vaccine and mask mandates, according to Republican state Rep. Josiah Magnuson of Campobello.

H 3126 makes it unlawful for any state or local government to accept federal funds to enforce a federal mask or vaccine mandate. It also makes an employee eligible for unemployment benefits if he or she is fired or suspended because they don't receive a COVID-19 vaccine.

A Senate version sponsored by Republican Sens. Shane Martin of Pauline and Tom Corbin, Greenville-Spartanburg, S 177, requires a COVID vaccination to be "purely voluntary" and forbids employers from firing or suspending anyone who is not vaccinated.

Judicial constitutional amendment, H 3284, also sponsored by Rep. Long, provides that Supreme Court justices, judges on the Court of Appeals and Circuit Court judges be appointed by the governor with the consent of the Senate, rather than being elected by the General Assembly.

Magnuson said he also supports income tax reform that would cut the top rate from 7% to 4.5%.

"Florida and Tennessee now have zero income tax and North Carolina and Georgia both just cut their income taxes again," he said. "South Carolinians are in desperate need of a break."

Abortion is another hot topic this year, with the U.S. Supreme Court taking up a case that could result in the overturning of Roe v. Wade, the 1973 landmark case that protects a pregnant woman's right to choose to have an abortion without excessive government restriction.

This week, the Senate Medical Affairs Subcommittee that Martin chairs passed S988, which would criminalize abortion in South Carolina if Roe v. Wade is overturned. A similar bill, H 4830, is in the House and is sponsored by Magnuson and Long.

In addition to fighting federal COVID vaccine mandates, Martin said he wants to increase support for law enforcement, including corrections and the judiciary.

"I chaired the budget subcommittee that got the Highway Patrol a $6,000 raise this year and am working on doing more across the board," he said.

He also said he supports giving teachers "higher compensation and far, far less regulation."

Rep. Bill Chumley, R-Reidville, has filed a bill that would designate the restoration, showing and enjoyment of classic and antique motor vehicles as the official family-friendly pastime of the state. Two other area lawmakers co-sponsored the bill, Long and Henderson-Myers.

"From Model Ts and Packards, to Mustangs and foreign cars, there is a type for any collector, and a community of like-minded people who enjoy the collection, restoration, and exhibition of antique or other classic cars," the bill states.

"Whether under a shade tree, in a residential garage, or in a modern facility with all of the bells and whistles, all of these enthusiasts share the same passion: taking a discarded or neglected heap of rolling metal and turning it into a showpiece that can be appreciated for generations yet to be born."

The bill sits in the House Education and Public Works Committee.

Contact Bob Montgomery at bob.montgomery@shj.com

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Marijuana decriminalization, tax cuts among top priorities of Spartanburg lawmakers - Spartanburg Herald Journal

Slippery Rock Mayor Jondavid Longo, announced his intention to run for a Pennsylvania House seat during a rally at the North County Brewing Company on Jan. 23.

Although this is not an official campaign announcement, due to Pennsylvania redistricting plans still not being finalized, the Republican mayor made his intentions clear to the crowd.

Over 100 supporters filed into the North County Brewing Company tap room to hear from prominent Republican public servants and speakers in western Pennsylvania, and how they plan to increase Republican wins across the state this year, in what they call a red wave.

Speakers at the Red Wave Rally included Butler County Sheriff Mike Slupe, New Castle Mayor Chris Frye, Pennsylvania Rep. Josh Kail (R-PA18), former U.S. House of Representatives Republican candidate Luke Negron and Hermitage School District Board Member Andrew Bucci.

Despite the many speakers to take the stage, their message remained unified on the importance of leadership.

Leadership is something that I know is vitally important to all of us, Frye said. To our communities, to our schools, to our organization and to your life.

Bucci, Hermitage School Districts youngest board member at 18-years-old, called for everyone, especially younger Americans, to get involved with the process.

I believe, and still do believe, that my generation needs to get involved, Bucci said. We need to stand up and show them that we matter too.

Young voters came out to show their support for Longo and the other Republican speakers.

Grove City College sophomore Nick Guidas said he believes Longo to be a great leader and has his support, 100 percent.

By the end of the guests speeches, the crowds anticipation for Longos announcement filled the room. Finally, once on the stage, he was greeted by a roaring applause of excitement. Attendants rose to their feet, holding signs that read Citizens for Longo while simultaneously waving small American flags.

As Im sure many of you have heard, Pennsylvania is adopting new legislative districts, and Slippery Rock may become part of an entirely new district, Mayor Longo said. Should the newly proposed maps hold, I fully intend to run a campaign to serve as your State Representative in Pennsylvanias new 8th legislative district.

Longo, who previously served as an infantryman in the Marines, was recently elected to a second term as Slippery Rocks mayor. He believes that these two services have prepared him for what is waiting in Harrisburg.

I think first and foremost it is important to remember that [all] Marines are leaders, Longo said. Those leadership traits and characteristics that were instilled in me as a United States Marine, of course, Im going to carry for the rest of my life.

Longo also discussed what hes been able to do for Slippery Rock during his time as mayor. From lowering the costs of permits and fees for small businesses, to having never raised taxes for Slippery Rock residents and establishing the Slippery Rock Borough as a Second Amendment sanctuary city, Longo said he has done what he can to reshape Slippery Rock.

Weve been able to turn the view of our community around, Longo said. This is a place that you come to have fun, its a place to come and shop and more importantly its a place where you can come to get a great education.

The mayor spoke about how important his main priority of not wasting taxpayer dollars is, and how he plans to bring these ideals of responsible spending down to Harrisburg.

At the top of my list, and its been at the top of my list as Mayor of Slippery Rock, is fiscal responsibility, Longo said. Making sure that whenever it comes to the spending of taxpayer dollars, that we are being good stewards of the taxpayers dollars.

Longos potential campaign all hinges on the passing of the newly proposed legislative districts but those plans might not be finalized for weeks.

Redistricting plans have stalled within the Pennsylvania commission in charge of drawing up new maps for legislative and congressional districts. The redistricting commission will have until Sunday to select a final map. If they dont, itll be up to the Pennsylvania Commonwealth Court to either select a proposed map or draw one.

Proposals for the new maps were to be submitted to the Commonwealth Court Jan. 24.

The proposed map received nearly 6,000 comments from the public last week. That map will create a newly formed 8th District for the Pennsylvania House which will include both Slippery Rock Borough and parts of Slippery Rock Township covering nearly 65,000 residents in Butler County.

Currently, Pennsylvania Rep. Aaron Bernstine (R-PA10) serves the Slippery Rock Borough and Township.

When the new districts are decided upon, many of Longos supporters are excited to see what he does next, including long-time supporter George Ferrari of Butler.

Hes moving on to the next step, Ferrari said of Longos political future.

Joe is a senior communication major with concentrations in converged journalism and digital media production. This is his second year with The Rocket and first as the news editor. With a penchant for asking tough questions, his byline can be found on more than 100 articles for The Rocket including many breaking news and investigative pieces. During the hours hes not wearing the hat of student journalist, he spends his time as a husband, father and dog owner in Slippery Rock.

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Slippery Rock Mayor Longo announces hes ready for the next step - SRU The Online Rocket

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On Jan. 10, the school board in McMinn County, Tennessee, voted 10-0 to remove Maus from the eighth-grade history curriculum. The book, a graphic novel by Jewish American cartoonist Art Spiegelman depicting the grim realities of the Holocaust, expressed the absolute inhumanity of what happened in clear terms that children could understand.

As the child of Polish-born parents who lost much of his own family to the Holocaust, Spiegelman understood the gravity of the subject matter and committed himself to one clear idea: Never again.

To its great shame, the school board argued the book contained objectionable language and was unsuitable for use in the classroom. Despite pleas from history teachers concerning the importance and effectiveness of the work, the conservative school board chose to diminish its own school communitys understanding of the horrors of Nazism. Ironically, it did so by taking a tactic directly employed by Nazis themselves.

In 1933, German logician Olaf Helmer was busy writing his doctoral dissertation in the mathematics building at the University of Berlin when he looked through a window and noticed a group of thugs building a bonfire, then hurling library books into the flames. He immediately knew whose books they were, but the thugs confirmed his worst fears. He heard them shouting I condemn to the flames the work of the Jew.

Helmer who one of us interviewed two decades ago, when he was 94 escaped Germany in 1934, emigrating to America to become the assistant to a logician at the University of Chicago. He worked for the Air Force and became an American citizen, and in 1968 he co-founded the Institute for the Future, a nonprofit think tank. Still, he never shook the memory of losing family in the Holocaust. He drew a straight line from books thrown into bonfires to bodies burned in ovens.

Personal interviews with others who, like Helmer, managed to escape the Nazis, revealed similar haunted memories. Survivors have trouble using words to describe a society being taken over by genocidal hatred. They often rely on understatement, accented with sarcasm, and Helmer was no different. It was very unpleasant, he said, the last year there.

As scholars who studied the period, we knew the horrors that Helmer and the others were hinting at. As adults, we could read the pain beneath their sarcasm. Children, however, struggle to recognize such cues, and as a result, struggle to understand that such evil is possible. Spiegelmans answer to that dilemma was Maus.

If the Tennessee school boards ban had been an isolated incident, perhaps it might be dismissed as a localized example of overzealous language policing. Sadly, its merely the latest in a string of concerted censorship efforts targeting the actual history of people who suffered at the hands of white Americans and Europeans. It belongs alongside recent opposition to the 1619 Project, which chronicles the collective sin of American slavery; the attacks on the teaching of critical race theory, which has nothing to do with critical race theory and everything to do with not allowing critical thinking about race in America; and the dont say gay laws recently proposed in Florida.

We all saw the photographs of the January 6 insurrectionist proudly wearing a Club Auschwitz sweatshirt. We all heard the Charlottesville protesters chanting Jews will not replace us, just before being called very fine people by the then-president. Weve all seen the right-wing meme depicting a murdered man of color above the abhorrent caption Black Lives Splatter. Weve all seen postings by militia members calling for a race war in America, listened to Reps. Marjorie Taylor Green and Lauren Boebert echo the call for a Second Amendment solution and watched Rep. Madison Cawthorne take out and clean his handgun during an online House Veterans Affairs Committee hearing.

Worse still, the former president has signaled his approval of the insurrection. Most recently, at a rally in Texas on Saturday, he said, If I run and if I win, we will treat those people from Jan. 6 fairly, he noted. And if it requires pardons, we will give them pardons. He also decried investigations into his business practices and possible election tampering all headed by African-American prosecutors as racist, fanning the flames of right-wing racial grievances. The same weekend saw a neo-Nazi rally in Orlando, complete with Hitler salutes and signs reading Vax the Jews, vandalism at a Chicago synagogue and swastikas scrawled all over Union Station in Washington, D.C.

This, we fear, is what Olaf Helmer saw coming in Germany. This is the looming horror that Art Spiegelman tried to depict for children, and for us all. We cannot claim to be unable to see the warnings. They are right here.

Helmer noted that he saw right through the Nazi charade at the bonfire. Afterward, you could still find copies of the books they burned works by Albert Einstein and other Jews in the university library. They were very careful, he said, not to burn the last copy. The Nazis may have been evil, but they were not so stupid as to destroy their own access to knowledge. As for our homegrown nationalists here in America, we should be worried that they will.

Steven Gimbel is professor of philosophy and affiliate of the Jewish studies program at Gettysburg College. Gwydion Suilebhan is executive director of the PEN/Faulkner Foundation and project director of the New Play Exchange for the National New Play Network.

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Gimbel & Suilebhan: The Banning of 'Maus' Is Only the Latest Echo from the Rise of the Nazis. We Cannot Claim to Not See the Warnings - The 74

This story was originally published April 15, 2021, by The Trace, a nonprofit newsroom covering gun violence in America. Sign up for its newsletters here.

This story also appeared in The Trace

Twenty years ago, only one state allowed residents to carry firearms without a license. Tennessee just became the 19th state to adopt permitless carry.

Amid a deadly surge in gun violence over the last year,several Republican-led states are expanding gun rights, sometimes against the advice of local law enforcement agencies.

So far in 2021, at least four states Utah, Montana, Iowa, and Tennessee have approved laws that would allow the carrying of firearms without a state-issued permit, a background check, or training. Several other state legislatures,including those in Texas and South Carolina, are considering similar legislation and could add to the list of 19 states with the most permissive form of concealed carry laws.

Like many other states, Tennessee saw a significant increase in firearm fatalities in 2020. Knoxville saw arecord-high numberof killings in 2020.In Nashville and Memphis, homicides rose by 32 percent and 48 percent, respectively,accordingto the National Commission on COVID-19 and Criminal Justice. In Memphis, which has long struggled with elevated rates of gun violence, that trend has worsened. As of March 2, 2021, the city has had 55 homicides this year. Over the same time period in 2020, there had been only 29 homicides, according to a resolution the Memphis City Council sent to state lawmakers in opposition to the permitless carry bill.

Still, on April 8, Tennessee Governor Bill Lee signed House Bill 786, a law that will allow Tennessee residents to carry handguns openly or concealed without a permit. The law applies to people 21 and older (as well as members of the military who are over 18), and goes into effect on July 1.

The successes of gun rights proponents in 2021 come after 2020 marked the largest number of firearm homicides in at least 20 years, an increase many experts attribute to the COVID-19 pandemic. TheGun Violence Archive, a nonprofit that operates a database of gun violence incidents in the United States, tracked 3,947 more firearm homicides in 2020 than in 2019.

The growth of permitless carry is a relatively recent trend. Just two decades ago, only one state, Vermont, allowed residents to carry firearms without permits. In2003, Alaska legalized permitless carry. It was another seven years before Arizona followed suit. In the last 11 years, as Republican lawmakers gained more power in state legislatures and increasingly embraced less restrictive gun laws, an additional 16 states have legalized permitless carry.

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States are looking to expand gun rights just as President Joe Biden promotes his new plans forexecutive action on gun reformand as Democratic members of Congress push for federal action onbackground checks. Permitless carry laws, often called constitutional carry by proponents, are popular among conservative gun rights advocates who say permit requirements limit their rights to carry guns for self defense. Supporters argue that the Constitution gives a person a right not just to own guns but to carry them, and that permits infringe upon that right.Every stateallows the carrying of concealed firearms, but most still require permits and many requireproof of firearms knowledge or hands-on trainingand abackground check.

In Tennessee, the governor, a conservative Republican, has said the permitless carry bill is part of his public safety agenda and that it would help reduce gun violence in the Volunteer State: This particular piece of legislation not only protects the Second Amendment but it actually creates a safer environment and stiffens penalties for those that break the law, Lee said during a National Rifle Association town hall in late March. Thelaw makestheft of a firearm a felony instead of a misdemeanor and also bars felons convicted of possessing a firearm from getting early release. Lee said he believes the increased penalties will deter theft and illegal possession, adding that lifting regulations on law-abiding citizens does nothing to increase crime, adding: Its increasingly important in this country. Thats why you see every year more and more states across the country bringing this piece of legislation forward.

Law enforcement organizations in Tennessee have disputed the suggestion that the new law will improve public safety, with most including the states police chiefs and sheriffs associations and the Tennessee Bureau of Investigations opposing the legislation. Law enforcement leaders, including Memphis police chief, say that removing the permit requirement will make it harder for police to determine who possesses firearms through legal means.

Opponents of the change have pointed to a 2014 law that allowed people to carry guns in their cars without permits. That change contributed to an increase in drive-by shootings and guns stolen from cars, said Bill Gibbons, the president of the Memphis Shelby Crime Commission, a nonprofit focused on public safety in Memphis.

Between 2013 and 2018, the number of guns stolen from cars in Memphis rose256 percent, according to data compiled by the commission. Gibbons said he doesnt oppose concealed or open carry, but does fear similar consequences from permitless carry. Youre simply going to have more people on our streets and in our neighborhoods, carrying guns with no training and no background check, he said. I think the result for that is very obvious.

Delvin Lane leads the 901 B.L.O.C. Squad, a group that has been battling violence in Memphis for nearly a decade. Lanesaid he understood the desire for law-abiding people to have protection by carrying guns, but worries that the change will lead to more guns in cars and on the streets. They are kind of taking you back to the old cowboy days where everybody had a gun, he said. What that would do is increase the opportunity for a lot of guns to be stolen.

There is a dearth of research on the effects of permitless carry laws. Part of the delay in research on the effects of permitless carry laws is that, for the most part, theyre relatively rare before 2016, said Rosanna Smart, the lead author of a RAND Corporationmetastudyon the effects of gun laws. As for permissive concealed carry laws generally, limited evidence points toward more firearm violence versus less, Smart said. Somestudieshave found that more permissive concealed carry laws are associated with increased levels of violent crime, but the strength of the association is still disputed. One study from theAmerican Journal of Public Healthfound that shall-issue permit laws which give law enforcement agencies little discretion to deny permits were associated with a 10.6 percent increase in handgun homicide rates.

Proponents of permitless carry have not been successful everywhere in 2021. InIndiana, a proposal to allow residents to carry concealed weapons without a permit died in the state Senate. Legislation is stalled inFloridaand Alabama, where gun rights supporters have pushed similar legislation for years to no avail. Proposals in North Carolina and Louisiana are also stalled, and a bill to allow permitless carry died in Georgia when the Legislature adjourned for the year. It remains alive for the current session and the governor has announced his support for it.

Meanwhile, several states have passed or are advancing other pro-gun bills. In Arizona, Governor Doug Ducey on April 6 signed a Second Amendment sanctuarybillbarring state law enforcement agencies from enforcing some federal firearms laws. Lawmakers inMontanahave sent a similar bill to their governor, and similar bills are advancing in Missouri and in North Dakota, where lawmakers are also considering a stand your ground bill that removes the duty to retreat before using deadly force. In New Hampshire, the state House passeda billon April 7 that would expand the statespreemption law, which limits local gun regulations.

A fifth and potentially sixth state could still legalize permitless carry this year. On April 7, the South Carolina House of Representatives approved a permitless carry bill, sending it to the state Senate. That bill,HB3096, would also allow people to carry a loaded firearm openly or concealed in public without a background check or safety training. In Texas, a permitless carry bill has been approved by a House committee and awaits a floor vote, though the billcould be held upin the Senate.

Eliminating the background check and permit requirement for carrying in public has been a top priority of the gun rights movement for the past several years, said Allison Anderman, senior counsel at the Giffords Law Center to Prevent Gun Violence. And in states where they control the legislature, theyre getting it done.

This story was originally published April 15, 2021 at thetrace.org.

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With violence still surging, these states want to make it even easier to carry guns - The Current GA

Once relegated to corners of the internet, the anti-vaccine movement has emerged as a force within Republican politics encouraged by some of the most prominent figures in conservative media and top operatives in the MAGA movement. Their growth has come despite overwhelming evidence that individuals are far less likely to have severe illness or die from Covid if theyre vaccinated and boosted. And while theyre a minority in the party, they are forcing GOP lawmakers and top officials to confront a new set of questions: Is being anti-vaccine mandate enough for a Republican with national ambitions, or does one have to show, explicitly or implicitly, skepticism with the vaccine itself?

The vaccine hesitant, the vaccine resistant and the anti-vaxx are a rising political force in the country a force that will start to gain power in the primaries. Even President Trumps most ardent MAGA followers vaccinated or not do not want him discussing this, former top Trump adviser Steve Bannon wrote in a text.

Right-wing influencers like Candace Owens, Tucker Carlson, Laura Ingraham, and Bannon have all raised questions about the efficacy of vaccines or have invited anti-vaxxers to speak to their millions of viewers. Favorite guests have included Robert Malone, an infectious disease expert who appeared at an anti-vaccine rally in Washington D.C. last weekend and declared vaccines arent working, and Alex Berenson, an anti-vaccine writer who told Fox News viewers that no one should get mRNA covid vaccines. Popular podcaster Joe Rogan has elevated some of these voices on his platform, which is listened to by millions, sparking backlash and leading to him clarifying on Monday that hed balance out the views he presents.

Unvaccinated former Alaska Gov. Sarah Palin last week publicly flouted New York Citys vaccine mandate for restaurants, even after she contracted Covid. Lawmakers like Rep. Marjorie Taylor Greene (R-Ga.) have boasted of skipping the vaccine. Others who Trump has endorsed have insisted against overwhelming evidence the vaccine doesnt work. And others have not talked about their booster shot status. DeSantis said he didnt want his vaccination status to be a weapon for people to use.

The growth of the vaccine skeptical universe has caused alarm within the Republican party, where officials note that in addition to the serious public health consequences the position carries obvious political risks.

For those primaries where Republicans are treading a little too far to the right, thats going to be an issue. If they plan on being competitive or being a credible candidate in the general election, polls have shown people supportive of vaccines and not of mandates, said one top Republican strategist working on the midterms, who was granted anonymity to speak candidly about the state of the party.

Chris Jankowski, a Republican strategist and former president of the Republican State Leadership Committee said, the numbers arent there for a Republican to win a general election while casting doubts on the vaccines.

Theres not a significant single issue anti-vax vote that makes people fall in line like pro-life or the second amendment. And with President Trump continually saying get the vaccine, that tempers the growth of the anti-vax movement, he said.

Straddling all of it is Trump, who has vacillated between being reluctant about talking about vaccinations, wanting to take credit for the Operation Warp Speed vaccine development, and eager to avoid backlash from his MAGA supporters for promoting the vaccine and booster shots too aggressively. Unvaccinated Americans lean Republican by a 3-to-1 margin, according to the Kaiser Family Foundation. And even Trump fans have copped to feeling bewildered or betrayed by those relatively few instances where he has touted the importance of getting vaccinated.

Its causing more confusion with his base than anything, said Diane Meade, a supporter who came to Trumps rally in Arizona.

On Saturday night in Texas, Trump noted Operation Warp Speed but said its time to move on from the coronavirus. We have to tell this band of hypocrites, tyrants and racists that were done with having them control our lives, mess with our children and close our businesses, Trump said.

After the rally, pundits on the conservative Newsmax channel noted the disconnect between the vaccine skeptics in the audience and the former president.

President Trump had taken some heat about talking about the vaccines and the greatness of Operation Warp Speed, said Newsmax host Grant Stinchfield. Hes a little off on that issue where the crowd is, but hes listening to them, another host replied.

In December, Trump had appeared to stake out a seeming middle ground approach, when he responded to being booed at a History Tour with former Fox News host Bill OReilly for announcing he received a booster shot. Youre playing right into their hands when youre sort of like, Oh, the vaccine,' the former president said. If you dont want to take it, you shouldnt be forced to take it. No mandates, but take credit because we saved tens of millions of lives.

That posture anti-mandate but pro-vaccine had been used successfully by Glenn Youngkin in the Virginia gubernatorial election. It has also been adopted and amplified by the majority of GOP officials, even as they pass or push laws that would allow more of their constituents to avoid getting vaccinated. On Friday, Virginia state Attorney General Jason Miyares unveiled new legal guidance that said public colleges cannot mandate the vaccines. And last week in South Dakota Gov. Kristi Noem announced her plans for a bill that would allow for religious, medical and natural immunity exemptions to COVID-19 vaccine mandates.

I dont think its fair to say that this bill has anything to do with being skeptical of the vaccine, said Ian Fury, spokesperson for Noem. The governor is vaccinated and would encourage South Dakotans to choose to get vaccinated as well but it should be a choice, it should be up the personal liberties of those South Dakotans. Public health shouldnt be mandated, and hasnt been mandated.

But in certain corners of the Republican Party, being anti-mandate is not politically sufficient. Influencers and a subset of lawmakers have argued that the campaign to get people vaccinated and boosted itself is problematic. Their skepticism is driven by a belief that government bureaucrats have grown power hungry and that pharmaceutical executives are trying to line their pockets.

Owens, for one, has insisted that Trump was misinformed about vaccines because he has not been privy to Internet research. She declined an interview request for this story, and instead suggested to her followers on Instagram that POLITICOs request was part of a conspiracy to support the pharmaceutical companies that advertise on the site.

See more here:
Trump World adjusts to the growing influence of vaccine skeptics within its ranks - POLITICO - Politico

By Shereen Siewert

Public reaction is mixed on a number of bills passed by Republicans in the Wisconsin State Assembly that would loosen the states gun laws by allowing guns to be carried on school grounds and in churches. The proposals also would allow people younger than 21 to carry concealed firearms.

The bills Thursday include AB-495, which allows people with concealed carry permits to bring a firearm in their vehicle onto school grounds; AB-498, which lowers the minimum age from 21 to 18 for a concealed carry permit and AB-597, which allows people to carry firearms onto the grounds of a place of worship.A Democratic amendment to AB-495 that would have required background checks for gun sales in the state failed on a 60-36 vote.

Supporters say the proposals aim to protect Second Amendment rights, but critics say the bills could endanger children and communities. Some Democrats voiced concern that the bills would make it possible for a high school senior to legally bring a firearm to school, putting other students at risk.

Rep. Lee Snodgrass, D-Appleton, said the legislation, combined with federal law that bans people younger than 21 from purchasing handguns from federally licensed firearm dealers, could lead to an increase in teens who could not pass a background check carrying concealed handguns in Wisconsin.

So I dont know about you, but I dont want to make it possible for an 18-year-old senior who is maybe having a fight with his friend or had a bad day at football practice, or is stressed out, Snodgrass is quoted in WisPolitics.com. I do not want that young person to be able to have a firearm on school property, at a practice, at a restaurant where theyre fighting with their girlfriend.

The bill would require a school board that elects not to offer a firearm education or hunter safety course to adopt a resolution confirming that decision, according to WisPolitics.com. Those that offer the course would be required to have someone who demonstrates proof of training in firearm safety to teach the course.

Weston Trustee Nate Fiene issued a statement Thursday that criticized the bills.

I cannot fathom any logical problem that this solves, Fiene said. Given the tense nature of school board meetings already, this reckless and totally obscene vote cannot be in the public good. It serves only to significantly increase the risk of public endangerment and reduce public safety.

Rep. Shae Sortwell, R-Two Rivers and author of AB 498, in a floor speech said Democrats opposed to the measure want to ensure young adults are stripped of more than just their 2nd Amendment rights.

Its also about the 14th Amendment too, equality under the law, he said. 18, 19 and 20-year-old adults are not committing some sort of crime where we should deny their rights.

But Rep. Deb Adnraca, D-Whitefish Bay, said in a pre-session news conference that she supports the Second Amendment but is opposed to legislation that would allow firearms in or around schools.

Im a mom, Im a teacher and Im a gun owner, Andraca said. I have my concealed carry permit and my basic handgun certification. I support the Second Amendment right to own guns for hunting, sport and for personal protection. But I can also tell you from personal experience, guns do not belong in, or anywhere near, schools.

The chamber also approved AB 518, which would allow anyone licensed in another state to carry a concealed weapon in Wisconsin.

Gov Tony Evers is likely to veto the bills.

Read this article:
Assembly bills that would loosen Wisconsin gun laws draw divided reaction - wausaupilotandreview.com

Marsha Keene-Frye grew up around guns, going hunting with her family from a young age near her home in Mississippi County.

To this day, she still regularly carries a firearm and considers herself a supporter of the Second Amendment, just like most of her neighbors in southeastern Missouri.

But for 27 years, Keene-Frye has worked at Susanna Wesley Family Learning Center, which offers domestic violence services in Mississippi County. Shes seen how guns have aided perpetrators in terrorizing and even killing their spouses and children.

We have had people who have physically been beaten to death, said Keene-Frye, who is now the centers CEO, but that is rarer than when someone uses a firearm. Theres typically a deadly outcome.

Missouri ranked second in the nation, behind Alaska, in the number of women killed by men, according to a national study that analyses 2018 homicide data. Among the Missouri women who were murdered by their intimate partners, 80 percent were killed with guns.

Keene-Frye can attest to the real nature of these statistics on the ground, and shes adamant that state legislators must pass a law that would take guns out of the hands of convicted domestic-violence perpetrators mirroring federal law.

Three legislators Democratic Sens. Lauren Arthur and John Rizzo and Republican state Rep. Ron Hicks have filed bills that would answer Keene-Fryes call to amend the law.

Advocates like Keene-Frye, and even law enforcementofficials, say these proposals are even more crucial now, following the passage of the Second Amendment Preservation Act (SAPA) last May.

The act, which went into effect in August, made it illegal for law enforcement officers in Missouri to enforce certain federal gun laws among them is the federal law that prevents convicted domestic violence abusers from having guns.

Hicks, R-Defiance, voted for the Second Amendment Preservation Act, and he still supports it. But he also believes that it left the states most vulnerable residents unprotected, and legislators have a responsibility to fix it.

This seems like a very simple piece of legislation to help protect all men and women and children in the state of Missouri, Hicks said, and at the same time still protect our Second Amendment rights.

While the legislation has bipartisan support, both Hicks and Arthur agree it still faces a hefty challenge this session. Its an election year, they said, and Republican candidates fear that backing any restriction on gun ownership could hurt them in a primary.

It says something very dark about our politics, said Arthur, D-Kansas City, that they would rather be on record protecting the rights of convicted domestic abusers, rather than the rights of survivors of domestic abuse.

Red flag law

The proposals have three main parts.

They would allow courts to prohibit a person under a restraining order from having or buying a gun while the order is in effect. They would require the courts to inform the Missouri State Highway Patrol and the FBI when a person is convicted of domestic assault. And, they would make it a crime for anyone who has been convicted of domestic violence to possess or own a firearm.

Those convicted of domestic abuse in Missouri have not always been allowed to carry firearms, Hicks said, nor did legislators intend that to be the case.

When Missouri lawmakers voted to override then-Gov. Jay Nixons veto of a 2016 bill legalizing concealed carry without a permit, both Republicans and Democrats were aware that it would unintentionally make it more difficult to enforce the federal law that prevents domestic abusers from having guns, Arthur said.

That was because the legislation removed required criminal background checks and gun safety training classes the time when these offenders would be screened.

But in typical legislative fashion, the majority party wanted to push forward, and made a promise that we would return to the legislation to fix it, Arthur said.

Hicks was among the Republicans who vowed in 2016 to come back and fix it.

Its 2022 now, Hicks said. Im still sitting here trying to fix it. Im actually keeping a promise.

Its Hicks final year in the House due to term limits, and he said closing the loophole is his top priority.

In May, Arthur attempted to add an amendment that mirrors her current bill to the Second Amendment Preservation Act. State Sen. Eric Burlison, R-Battlefield, who was handling the bill on the floor, said it was one issue he believed Republicans and Democrats could come together on.

If that person has been convicted and we know that they arent responsible with their emotions, and with their actions towards people in their family, Burlison said, then having a gun in that situation, youre absolutely right, it adds to the intimidation, and it adds to lethality of the situation.

However, Sen. Bob Onder, R-Lake St. Louis, decried Arthurs amendment during the 2021 debate as a red flag law, which allows family members, law enforcement or other third parties to ask a court to temporarily remove a persons guns if theyre concerned about the individual.

Hicks, whose district area overlaps with Onders, sponsored the same language as Arthurs amendment in his House bill last session and he strongly disagreed with Onder.

I had a letter from the NRA last year stating this is not a red flag bill, Hicks said of the National Rifle Association. If it was a red flag law, they wouldve rated it. I would no longer be holding an A-plus rating from the NRA.

Onders concerns related to judges prohibiting a person from having guns during restraining-order proceedings. Arthur told Onder that these hearings were a crucial moment in protecting victims because thats when the conflicts are at their hottest and most dangerous points. Hicks said the legislation gives a judge the opportunity to be able to protect residents in these dire moments.

If youre sitting in a courtroom and youve got your spouse or significant other sitting over there, youve already gone to the end, Hicks said. You cant take any more. And I think its up to us then to help them.

Hicks said the NRA assured him that this would not fall in the same category as the type of court orders that Onder is concerned about. Ultimately, Arthurs amendment was voted down by the Senate, which went on to approve the Second Amendment Preservation Act.

Now law enforcement officers cant enforce federal law to prevent convicted domestic violence abusers whether it be a felony or misdemeanor charge from having guns. Missouri law prohibits felons from possessing guns, but Arthur noted that a lot of the crimes that are classified as domestic violence misdemeanors are still violent crimes.

In any other context, if it wasnt a domestic partnership, it would be qualified as a felony, Arthur said. I think that speaks to societys attitude about domestic violence.

Rural Missouri advocates

In southern Missouri, families often live miles apart, and that isolation factor makes addressing domestic violence challenging, said Tressa Price, executive director of the Agape House, a domestic violence shelter in Mountain View.

Some of the families that Agape serves only have one car or one phone, and theyre usually in the abusers control, she said.

Getting help is hard enough, said Price, who is a gun owner herself. But then if they have a gun, they can hold them at gunpoint, they can threaten them with that gun, [and] they can use that gun. We have seen too much of that go on down in this area with too many people murdered.

Price spoke about several cases of women who were shot and killed by their husbands or partners. A woman murdered at a McDonalds. Another who tried to run away, but her male partner captured her at the Walmart parking lot and killed her. Another shot in front of her children in her trailer home. The grief impacts the entire community because, in small towns, everyone knows these women and families well, Price said.

This is the kind of stuff we see in rural Missouri, she said. As long as they still have a firearm in their hand, theyre still free to do what they want to do. They still stalk. They still terrorize. But if theres no law against it, it cannot be prosecuted.

Just as in the Mountain View area, guns are very much part of the culture in Mississippi County, said Keene-Frye. Advocates of domestic violence tend to be able to get bipartisan support on most reforms, she said, except when it involves guns.

The typical arguments that Keene-Frye hears against this proposal is that people need their guns to provide food for their families through hunting, or that judges shouldnt be able to grant protection orders without having a full hearing.

When somebody has an order of protection granted against them, a judge has decided that someone needs protection from this individual for a reason, based on facts, she said. So I just really do not understand the controversy surrounding that.

Mississippi County has a population of about 13,000, and the Susanna Wesley Family Learning Center serves about 400 women a year, she said. They provide 1,200 to 1,800 of bed nights to victims every year at the shelter.

As a lifelong gun owner, Keene-Frye said that most responsible gun owners believe that abusers shouldnt possess guns. But her area has become increasingly ultra conservative over the last few years, she said, and its made this point more contentious.

Is the victims right to life not greater than the perpetrators right to a firearm? she said. I believe it is.

This story was originally published on the Missouri Independent.

More here:
Missouri made it impossible for police to prevent convicted domestic abusers from having guns - KCUR