Marking a rare combination of resources, supporters of gun regulations and anti-domestic violence groups joined Thursday to urge the Supreme Court to reverse a federal appeals court opinion they say will make it easier for domestic abusers to obtain firearms.
The groups say the high court needs to step in now because lower courts are relying on one of the Supreme Court’s decisions on the Second Amendment from last term to reconsider thousands of firearm rules, including a federal law that bars an individual subject to a domestic violence restraining order from possessing a firearm.
The Biden administration is appealing the ruling, and 11 groups are throwing their weight behind the government’s request.
The so called “friend of the court” brief will likely draw special attention from the justices because firearms and domestic violence are so inextricably linked. It’s an unprecedented alliance of groups, and the lawyer who penned the brief – Michael Dreeben – is deeply respected on the court for his vast knowledge of criminal law, having worked for some 24 years as deputy solicitor general in charge of the government’s criminal docket in the Supreme Court.
Under normal circumstances, once the high court issues a landmark opinion, it rejects follow-on cases so that the issues can percolate in the lower courts.
This Second Amendment case, however, might be different.
Last year’s New York State Rifle & Pistol Association v. Bruen was the broadest expansion of gun rights in a decade and changed how lower courts must look at Second Amendment cases going forward.
In the 6-3 opinion, penned by Justice Clarence Thomas, the majority said that a gun law could only be justified if it is “consistent with this Nation’s historical tradition of firearm regulations.”
Citing Bruen, the conservative-leaning 5th…
Read the full article here