Right-wing nuttiness has now been enshrined into the Constitution by Clarence Thomas and the five other extremist justices who signed onto his devastating ruling on guns.
District of Columbia v. Heller
For the record, the text of the 2nd Amendment reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Supreme textualist Scalia disregarded the actual text’s first clause about a “well regulated militia” as merely prefatory and decided that only the text of the second clause about “the right of the people to keep and bear Arms” is operative.
Thomas has written into judicial decision-making a cramped and extremist version of “originalism” which until recently posited that constitutional provisions must be interpreted according to the public meaning at the time they were written. This originalist theory is already reverse-engineered to likely produce reactionary decisions.
But it’s politically unlikely that Roberts and Garland will fulfill these obligations. Roberts has already been clear that he’s not troubled by Thomas’ gifts from billionaire Crow. Garland is likely too politically timid to investigate a Supreme Court Justice.
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