The New Yorker, July 22, 2024
Anita Kunz’s “The Face of Justice”
“The remaking of the Supreme Court in Donald Trump’s image,” by Françoise Mouly
Category Archives: US Supreme Court
DANGER! U.S. Supreme Court rules that your neighbor can own and operate a machine gun
Court holds technical issue more important than saving lives
>> Back in 2019, the BenIndy covered news of the passage of the bump stock ban following the Las Vegas massacre. At that time, the welcome headline was Bump Stock Ban Now Official Nationwide – Supreme Court. A few days later, a follow-up story headline was Supreme Court Refuses to Block ‘Bump Stock’ Ban Over Thomas and Gorsuch’s Dissent.
Public reaction was so strong after the Las Vegas disaster that even the National Rifle Association joined the call for the add-ons to be taken out of circulation.
Oh how times have changed – on the Supreme Court, that is. Today, the 6 rightwing justices took issue with the technical definition of a machine gun and ignored the fundamental intent of the 1930’s machine gun ban AND the 2019 bump stock ban – to eliminate the massive threat of high volume military style weaponry on our streets. Reporting by the New York Times and others follow here.
NYT Editorial: The Supreme Court’s Bump Stock Decision Will Prove Fatal
New York Times, by David Firestone, Deputy Editor, the Editorial Board
There was nothing abstract about the 6-to-3 decision issued Friday morning by the Supreme Court to permit bump stocks to be used on semiautomatic rifles. It is one of the most astonishingly dangerous decisions ever issued by the court, and it will almost surely result in a loss of American lives in another mass shooting.
Bump stocks attach to the back of a rifle and use the gun’s recoil to enable shooting hundreds of bullets at a very rapid pace, far faster than anyone could shoot by pressing the trigger multiple times. The device is the reason the Las Vegas shooter in 2017 was able to kill 60 people and wound more than 400 others so quickly in the nation’s worst mass shooting in modern history.
Bump stock devices were banned the next year, just as all fully automatic machine guns are banned for public use, but the six conservative members of the court seemed entirely unbothered by their deadly potential. The opinion, written by Justice Clarence Thomas, parses in a ridiculous level of detail whether bump stocks truly fit the precise mechanical definition of a machine gun. Because the court feels the need to give the greatest possible deference to the ownership of guns, however they might be used, the court concluded that they are not really machine guns, as they do not allow firing multiple rounds “by a single function of the trigger.”
The opinion, full of lovingly detailed close-up drawings of a gun’s innards (provided by the Firearms Policy Foundation, a pro-gun nonprofit group), says nothing about the purpose of a bump stock. Why would someone buy the device and use it? Only to fire a lightning burst of rounds. In the hands of an angry shooter — and there are so many of them — it would produce far more carnage, which is why even the Trump administration banned it.
But Justice Sonia Sotomayor, in a dissent laced with astonishment at what her colleagues had done, didn’t hesitate to explain what was really happening. “When I see a bird that walks like a duck, swims like a duck and quacks like a duck, I call that bird a duck,” she wrote, and in this case, the duck is an illegal machine gun. (Which, by the way, is not typically used for killing ducks.) Skilled shooters using an AR-15-style semiautomatic rifle can fire 180 rounds per minute, she wrote, but a bump stock allows them to fire 400 to 800 rounds per minute, which is the ordinary understanding of a fully automatic machine gun.
“Today’s decision to reject that ordinary understanding will have deadly consequences,” Sotomayor wrote. “The majority’s artificially narrow definition hamstrings the government’s efforts to keep machine guns from gunmen like the Las Vegas shooter.” And when the next Las Vegas happens, it will not be enough to blame it on the madness of a single deranged individual. There are so many others.
David Firestone, a former reporter and editor for the Washington bureau and the Metropolitan and National desks of The Times, is a member of the editorial board.
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Previously on the BenIndy:
Benicia mom Amira Barger: I’m a Black Bay Area parent. The Ketanji Brown Jackson hearings were disappointing — though not surprising
A Black Bay Area parent and community activist reflects on the Ketanji Brown Jackson hearings
SFGate, by Amira Barger, March 30, 2022
I hope my daughter never has to endure the treatment Judge Ketanji Brown Jackson has been subjected to.
Being a Black woman and the mother of a young Black girl, I felt it was important for her to witness this historical moment. But instead of the positive experience it could have been, the scene that played out was sadly familiar. As we sat together watching the Senate Judiciary Committee confirmation hearing, my nine-year-old wondered why Texas Sen. Cruz frequently interrupted Jackson.
“May I say a word I’m not supposed to?” she asked. “Isn’t he kind of being…a jerk, and why isn’t anyone doing anything?”
I explained a lesson from bell hooks: “Sometimes people try to destroy you, precisely because they recognize your power — not because they don’t see it, but because they see it and they don’t want it to exist.” Black women have a common experience — we are often required to respond with restraint and calm in the face of misogynoir (misogyny directed towards Black women where both race and sex play a role), so as not to disrupt the dynamics of power. I witnessed this misogynoir with my daughter as Jackson smiled and paused — a response born of hard-earned wisdom. It was triggering to watch.
We have waited 233 years to be represented. The Supreme Court has had 115 judges — of these, there have been two Black men and five women — none of them Black. Interestingly, confirmation hearings have only existed since 1916, when Woodrow Wilson put forward Louis Brandeis, the first Jewish man nominated. Hearings were not previously required for the white Christian men who had historically held these seats. Many might suggest the treatment of Jackson is some sort of retribution for treatment received by the last two Supreme Court nominees — particularly Brett Kavanaugh. Several GOP senators alluded to as much. However, in presuming this, one chooses to conveniently forget the circumstances surrounding those hearings.
Kavanaugh was accused of sexual assault. The consternation surrounding Amy Coney Barrett had less to do with the nominee than it did with whether, only weeks from the presidential election, confirmation proceedings should be happening at all. Senators blocked President Barack Obama from replacing Justice Antonin Scalia in the spring of 2016 — months before the election. During her hearing, Barrett repeatedly sidestepped questions, stating she shouldn’t give an opinion on matters she might have to rule on as a justice. Such answers have long-standing precedent, and did not seem to ruffle too many feathers among the GOP members of the committee. Contrast that with their treatment of Jackson, berated for not answering questions even as she was interrupted time and again. Still, she sat composed as she was met with conjecture and infighting amongst senators. Compare that with Kavanaugh, red-faced and shouting at the committee about how much he liked beer.
One might also be tempted to write off the treatment of Jackson as merely partisan politics as usual. However, you would only have to go back so far as the nominations of Sonia Sotomayor and Elena Kagan to note the marked differences in tone and tenor of those hearings compared to the Jackson hearings. A desire for the “most qualified candidate” has been the GOP rallying cry in response to President Joe Biden’s promise to nominate a Black woman. Of course, the quiet part of that seemingly reasonable request is the underlying assumption that no Black woman could possibly fit the bill as “most qualified.” As a federal appellate judge, a district court judge, a member of the U.S. Sentencing Commission, an attorney in private practice, and as a public defender, Jackson has broad experience across the legal profession. A visual from the Washington Post paints a poignant picture of the totality of Jackson’s unparalleled qualifications in comparison to her would-be colleagues. Kagan, for example, had never been a judge at any level before her appointment to the Supreme Court, yet her nomination was met with a far greater degree of civility.
What Jackson endured is a result of inequitable procedure propped up by decades of empty diversity, equity and inclusion promises without accountability. True commitment to inclusion requires opportunity for any historically excluded or marginalized person to enter without constant monitoring of the system. Black women, who must overcome the bigotry of both race and gender, are most often the last to be allowed in the room. As it stands, there are no Black women in the U.S. Senate, nor are there any Black women serving as governor. Yes, Kamala Harris is the vice president. And Jackson’s confirmation would be a step. But these singular exceptions do not themselves break the ceiling too many of us encounter.
I consult in diversity, equity and inclusion, and my professional experience leads me to believe that the linguistic and mental contortion we saw Jackson masterfully navigate was not nearly as difficult as assumed. She is a trained contortionist, as are many Black women. We anticipate the questioning, racism, sexism, and blatant contempt. We know that, once in the room, the fight to prove ourselves only intensifies. We embody the age-old adage of exceptionalism: “twice as good, to get half as much”. This often manifests as an alphabet soup of degrees and certifications behind Black women’s names, mine included. The problem with exceptionalism is that it falsely espouses one will, having achieved the exceptional, be treated well. Sadly, these hearings have served to reinforce that, not only was Jackson’s humanity not sufficient to be treated well, but neither were her exceptional qualifications.
I want more than this for us. This being the vitriol, pain, and perseverance. This being hopes and dreams sandwiched between systemic barriers and misogynoir. This being agility and strength earned on a rigged playing field. I want more than what we have today. For me, for you, for my little Black girl, and all little Black girls to come. We are to be treated well because we are human. Full stop. Our success should be judged by more than proximity to an impossible and unnecessary white ideal. We are enough as we are. The preeminently qualified Jackson, with her own display of vulnerability and humanity, reminded us that being human is enough. I saw myself and my daughter in Jackson, as her daughter proudly looked on. I know many of us did. Because her story is our story.
With other supposed allies in the room, New Jersey Sen. Cory Booker had to be the one to boldly disrupt the disgusting onslaught — to affirm, to encourage, to look her in the eyes and give a moment of reprieve. As Black women, we continue to navigate a world that so often demonstrates how little it values us. The sexism, racism, and discrimination are constant. Celebration of our perseverance only serves as a tacit reminder of the systemic inequity we face while offering little in the way of actual change. Do us a favor, if you will: 1. Lead from your chair to disrupt harm. Affirm, encourage, and look someone in their eyes and recognize their humanity. 2. Call your senator and demand confirmation of Judge Jackson.
A lesson I teach my nine-year-old is one we can all apply here: Leave people and places better than you find them. Also, don’t be a jerk.
Amira Barger is a Bay Area Black mom, an adjunct professor of marketing and communications and a diversity, equity and inclusion consultant.
WATCH: Judge Jackson tears up, Senator Booker says ‘No one’s stealing my joy!’
Senator Cory Booker is my hero…
Check out this incredible video of Senator Booker addressing U.S. Supreme Court nominee Judge Ketanji Brown Jackson. She wasn’t the only one brought to tears.
Judge Ketanji Brown Jackson wiped away tears as Sen. Cory Booker, D-N.J., delivered a passionate speech on how she earned her spot to become the first Black woman nominated to the Supreme Court.
“You are worthy. You are a great American,” he told Jackson. In lieu of asking questions, Booker later told Jackson that “I know what it’s taken for you to sit in that seat.”
As the Senate Judiciary Committee continued its Supreme Court confirmation hearings March 23, Booker also railed against GOP senators pulling out specific cases from Jackson’s past and said it would not steal his joy.
The senator referenced abolitionist Harriet Tubman and Constance Baker Motley, the first Black woman to serve as a federal judge in 1966, as role models in his life and who paved the way for Jackson’s historic path.
“Today, you’re my star. You are my harbinger of hope,” Booker told Jackson.
Wednesday was senators’ final day to question Jackson, who was nominated by President Joe Biden in February to replace retiring Supreme Court Justice Stephen Breyer. If confirmed, she will be the first Black woman on the high court. On the final day of the hearings March 24, the Senate Judiciary Committee will hear from friends and colleagues of Jackson about her temperament and approach to the law.
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