Looks like Thomas went big with Bruen and the 2nd Amendment

@windinhishair That draft abortion opinion wasn't really as bad as this one, though. I sort of think the final one could even be worse, though.

For example, when the US Constitution was passed, men had property rights over women's bodies. That whole analysis of the history of abortion restriction could easily be rewritten much more historically accurately, and quite frankly, logically more purely based on the rationale of the Bruen decision.

This read was really disturbing.

@MistyCee This is why Sotomayor in particular, and the other liberal justices, have been warning that the Court has internally taken a hard right hand turn and is not only willing but eager to throw the doctrine of stare decisis out the window to make new law that is discordant with the will of the majority of citizens in the US. Thomas is merely signaling that is correct

@windinhishair Quite right, but stare decisis is kind of a shibboleth.

This opinion purports to follow the Heller and McDonald precedents. In practice, the elephant in the room with the "common law" inductive approach to legal reasoning is always about picking and choosing which precedents to follow and which ones to distinguish.

That's Great Brittain's approach to the law, which most legal systems have rejected, but, imo, it's really being perverted here, since unlike Great Brittain, which has no written Constitution, we can pick and choose our holy writ and totally disregard logic and public policy in favor of an artificial and imo, irrational historical "originalist" approach.

@TexChik I missed that, being busy skimming through the Bruen decision.

If you're looking for disruption of the status quo, I think Bruen will give it to you.

Gun rights aside, of this was what American law looked like, I dont think I would have gone to law school. This is going to really cause some heat, and while the majority opinion says it's Second Amendment specific, I can't see how rejecting an ends-means analysis isn't going to down to everything else.

I guess this is good for history majors, though.

@MistyCee

@TexChik Yup. That I expected. I really didn't expect how Thomas got there.

I should either have spent more time on history, or found a different career.

I do get while the reasoning can be called "Conservative" though, albeit not in a good way.