this post was submitted on 11 Feb 2024
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The Hawaii Supreme Court handed down a unanimous opinion on Wednesday declaring that its state constitution grants individuals absolutely no right to keep and bear arms outside the context of military service. Its decision rejected the U.S. Supreme Court’s interpretation of the Second Amendment, refusing to interpolate SCOTUS’ shoddy historical analysis into Hawaii law. Dahlia Lithwick and Mark Joseph Stern discussed the ruling on this week’s Slate Plus segment of Amicus; their conversation has been edited and condensed for clarity.

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[–] [email protected] 0 points 9 months ago (2 children)

::sigh::

This is a bad ruling; Hawai'i is saying that their state laws and traditions take precedent over federal laws, the US constitution, and SCOTUS rulings. It's intentionally trying to undermine the concept of the rule of law in order to get the result that they want. That's not a "devastating rebuke", it's a toddler screaming about not getting candy in the supermarket.

This is counter to the concept of the rule of law, and should be seen as an embarrassment, not something to celebrate.

[–] [email protected] -1 points 9 months ago (1 children)

just like cannabis and other laws in states taking precedent over federal laws?

Texas is another example and abortion is a state by state issue too as is medical and vehicle insurances

driver's licenses are a state by state thing too as is voting not a federal thing all state by state and education standards are state by state and SNAP benefits

US should have gotten things more united and settled before it was too late and shattering instead of waiting to cry and moan about it afterwards

[–] [email protected] 0 points 9 months ago (1 children)

I already responded to that. Local laws do not supersede federal marijuana laws, as you will quickly discover if you try to purchase a firearm. (And, BTW, if you are a 'legal' user of marijuana and buy a firearm, that's a federal felony.)

[–] [email protected] -1 points 9 months ago* (last edited 9 months ago)

unless the state says otherwise

https://leg.colorado.gov/bills/sb19-093

make US laws make sense

[–] [email protected] -1 points 9 months ago* (last edited 9 months ago)

That’s not a “devastating rebuke”, it’s a toddler screaming about not getting candy in the supermarket.

It appears Hawai'i is parroting decisions by redder states, in an effort to force the SCOTUS to rule broadly on the question of Supremacy (or, at least, try and split the baby in some coherent way).

This is counter to the concept of the rule of law

Its counter to the concept of Federalism, but right in line with the Seperatist theory of law that quite a few modern day politicians happily espouse when it suits them.