The Daily Parker

Politics, Weather, Photography, and the Dog

Stevens' own private Heller

Former Associate Justice John Paul Stevens believes District of Columbia v Heller was "unquestionably the most clearly incorrect decision that the Supreme Court announced during [his] tenure on the bench:"

The text of the Second Amendment unambiguously explains its purpose: “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.” When it was adopted, the country was concerned that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several states.

Throughout most of American history there was no federal objection to laws regulating the civilian use of firearms. When I joined the Supreme Court in 1975, both state and federal judges accepted the Court’s unanimous decision in United States v. Miller as having established that the Second Amendment’s protection of the right to bear arms was possessed only by members of the militia and applied only to weapons used by the militia. In that case, the Court upheld the indictment of a man who possessed a short-barreled shotgun, writing, “In the absence of any evidence that the possession or use of a ‘shotgun having a barrel of less than eighteen inches in length’ has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.”

So well settled was the issue that, speaking on the PBS NewsHour in 1991, the retired Chief Justice Warren Burger described the National Rifle Association’s lobbying in support of an expansive interpretation of the Second Amendment in these terms: “One of the greatest pieces of fraud, I repeat the word fraud, on the American public by special-interest groups that I have ever seen in my lifetime.”

And after Heller came Sandy Hook, Las Vegas, Sutherland Springs...and on and on.

Lunchtime reading

Stuff that landed in my inbox today:

Also, while we're on the subject of the C-word, I love Minnie Driver's response: "That was the wrong word for Samantha Bee to have used. But mostly because (to paraphrase the French) Ivanka has neither the warmth nor the depth."

Four unrelated stories

A little Tuesday morning randomness for you:

Back to debugging acceptance tests.

Hell of a week

In the last seven days, these things have happened:

Meanwhile:

Can't wait to see what the next week will bring...

Gun stupidity

Soon-to-be-ex-Illinois Governor Bruce Rauner vetoed a bill that would have required licensing for gun stores:

The governor, who is a hunter and told the station he is a member of the National Rifle Association, noted that the federal government already regulates firearms retailers. He said the proposal would create bureaucracy "that doesn't really keep our communities safer."

The Democratic-controlled General Assembly sent the bill to Rauner a couple of weeks ago, and the governor could have waited to act until after his March 20 primary matchup against state Rep. Jeanne Ives. She voted against the legislation and pushed Rauner not to sign it. Instead, the governor’s veto will come a week before the election and could take a line of attack away from the more conservative Ives.

In the weeks since the bill landed on Rauner’s desk, Democrats including Mayor Rahm Emanuel and Chicago aldermen have pressured the governor to sign it.

“The governor's decision was cruel, it was cold and it was calculated to benefit his own politics at the expense of public safety. "When is the right time? Only one person can answer that," Emanuel said in a statement Tuesday.

Meanwhile, in Florida, a gun-rights activist who touted her shooting skills was shot in the back by her toddler.

A lie wrapped in a fabrication, lacquered over with a falsehood

In a powerful June, 2016, column for Slate, Dahlia Lithwick laid out the NRA's (and the right's) second-amendment hoax. It's worth revisiting:

The Supreme Court ... most famously in a 1939 case called U.S. v. Miller [ruled] that since the possession or use of a “shotgun having a barrel of less than eighteen inches in length” had no reasonable relationship to the “preservation or efficiency of a well regulated militia,” the court simply could not find that the Second Amendment guaranteed “the right to keep and bear such an instrument.” Period, full stop. And that was the viewpoint adopted by the courts for years.

What changed? As Cass Sunstein and others have explained, what changed things was a decades-long effort by exceptionally well-organized, well-funded interest groups that included the National Rifle Association—all of whom “embarked on an extraordinary campaign to convince the public, and eventually the courts, to understand the Second Amendment in their preferred way.”

The larger fabrication is the idea that the Second Amendment—unlike other provisions of the Constitution—cannot be subject to any reasonable restriction.

Hoax number three: Obama, Clinton, Democrats, liberals, the media, whomeverare coming for your guns. They are Coming. For your Guns!!! This is the crunchy candy shell that makes the other two lies seem almost reasonable.

Meanwhile, as Lithwick and others keep saying, we're the only country in the OECD where you're more likely to get shot than get hit by lightning. (Seriously, in every other country the incidence of gun death is less than 0.5 per 100,000—about the incidence of being injured or killed by lightning. In the U.S., the incidence of gun murder, not just getting shot, is around 3.6 per 100,000.)

And to think, this is all driven by a trade association. Imagine if the National Association of Dental Hygienists had that much power.

And kudos to Lyft, who announced they'll give free rides to anti-gun rallies. This is one more reason I use them and not the other guys.

How to buy a gun (International edition)

The New York Times outlines what you need to do in various countries to obtain a firearm:

United States 1. Pass an instant background check that includes criminal convictions, domestic violence and immigration status. 2. Buy a gun.

Canada 1. To buy a handgun, prove that you practice at an approved shooting club or range, or show that you are a gun collector. 2. For any gun, complete a safety course and pass both a written and a practical test. 3. Ask for two references. 4. Apply for a permit, and wait 28 days before processing begins. 5. Pass a background check that considers your criminal record, mental health, addiction and domestic violence history. 6. Buy a gun. If you bought a handgun, register it with the police before taking it home.

Israel 1. Join a shooting club, or prove that you live or work in a dangerous area authorized for gun ownership, including certain settlements. 2. Get a doctor’s note saying you have no mental illness or history of drug abuse. 3. Install a gun safe. 4. Release your criminal and mental health history to the authorities. 5. Buy a gun and a limited supply of bullets, usually around 50. 6. Demonstrate that you can use your gun or a similar gun at a firing range before taking it home.

Actually, there is one place in the world where it's easier than in the U.S.: Yemen. But that's because they have no functioning government. We're in great company.

The definition of "ridiculous"

The best President we have, who got deferments from service during the Vietnam War because of "bone spurs" in his heels, fantasized yesterday about charging into a school shooting unarmed:

Speaking to a meeting of the country’s governors at the White House, Mr. Trump conceded that “you don’t know until you test it.” But he said he believed he would have exhibited bravery “even if I didn’t have a weapon, and I think most of the people in this room would have done that, too.”

As Mr. Trump skipped from one possible solution to another, he mused about the “old days,” when potential criminals could be locked in mental hospitals, and he vowed to ban “bump stocks,” an accessory that can make a semiautomatic weapon fire rapidly, more like an automatic rifle. But he dropped any mention of raising the age required to purchase a rifle to 21 from 18, something he said last week he supported, despite opposition from the National Rifle Association.

Obviously no one wants to see another school shooting, and no reasonable person wants to see the President of the United States involved in a gunfight. But someone surrounded by what Aaron Sorkin once called "the best-trained armed guards in the history of the world" probably shouldn't boast about courage he clearly doesn't have. I mean, the man is afraid of stairs; what would he do when confronted with a rifle?

How even 35% of the country could approve of someone this ridiculous holding the office he does without, you know, ridiculing this behavior, is beyond my ken.

The consequences of Parkland

The shootings at Stoneman Douglas High School in Parkland, Fla., last week have galvanized students across the country. Here are three of the more thoughtful reactions.

First, David Kurtz at TPM Prime (sub.req.) thinks these murders might finally, and suddenly, break the NRA's choke-hold on the Republican Party:

The NRA’s power lies in having made anything other than maximal support for gun rights a nearly impossible position for Republican officeholders to sustain. The very definition of Republican is to be lockstep in opposition to gun control. That wasn’t always true. The politicization of the GOP that saw the winnowing of moderate Republicans, especially in the Northeast, accelerated the process of making absolutism on guns a defining feature of the modern GOP, more so even than opposition to abortion.

The challenge for the NRA has been to continue to raise the price of apostasy on guns for Republican officeholders high enough and fast enough that it outpaces the cost of holding the line through the carnage of the last decade. It’s a breathtaking political calculation all the way around. Again, I go back to Newtown. For GOP elected officials, it’s safer to cluck and shake your head over Newtown and do nothing than to break with the NRA and the party. Until that calculation changes, nothing else will.

But when it does change, it will change everything.

WaPo's Paul Waldman explains why the Parkland students have made the pro-gun right wing so angry:

The plainer reason is that as people who were personally touched by gun violence and as young people — old enough to be informed and articulate but still children — the students make extremely sympathetic advocates, garnering attention and a respectful hearing for their views. The less obvious reason is that because of that status, the students take away the most critical tool conservatives use to win political arguments: the personal vilification of those who disagree with them.

So right now, conservatives are engaged in a two-pronged attempt to take it back. On the more extreme side, you have the social media trolls, the conspiracy theorists, the more repugnant media figures, who are offering insane claims that the students are paid agents of dark forces, and can therefore be ignored. On the more allegedly mainstream side, you have radio and television hosts who are saying that the students are naive and foolish, and should not by virtue of their victimhood be granted any special status — and can therefore be ignored.

Meanwhile, writing for the New York Times, Michael Ian Black argues that part of the problem is how too many boys are "trapped in an outdated model of masculinity"

...where manhood is measured in strength, where there is no way to be vulnerable without being emasculated, where manliness is about having power over others. They are trapped, and they don’t even have the language to talk about how they feel about being trapped, because the language that exists to discuss the full range of human emotion is still viewed as sensitive and feminine.

And so the man who feels lost but wishes to preserve his fully masculine self has only two choices: withdrawal or rage. We’ve seen what withdrawal and rage have the potential to do. School shootings are only the most public of tragedies. Others, on a smaller scale, take place across the country daily; another commonality among shooters is a history of abuse toward women.

To be clear, most men will never turn violent. Most men will turn out fine. Most will learn to navigate the deep waters of their feelings without ever engaging in any form of destruction. Most will grow up to be kind. But many will not.

Are we finally at a point where we can prevent gun murders without adding more guns to the mix? Do we all have to live in fear of angry men with military-grade weapons?

And let's remember one of the best public service announcements on the topic:

We can't even have a conversation

Josh Marshall argues that our inability to discuss gun control in any meaningful way has rendered us collectively impotent to prevent gun massacres:

Do you really need an AR-15? For some people, it’s just fun to fire off an AR-15. I begrudge no one that fun. You’re at the range. It’s just cool. I get it. But maybe, because it’s also the weapon of choice for virtually every school massacre, to have that fun you need to do a background check not just for institutionalization or felony records but something a bit more thorough-going to know you’re not someone with all the markers of a mass shooter. Or maybe you can have it and fire it as often as you want but you need to leave it in a locker at the range. These changes would be a bit of a pain for enthusiasts. But changing mores about drunken driving also made social drinking a bit more difficult. You have to think through how you’re getting home if you’re going to go out and have more than a couple drinks. Does your spouse or partner not drink? Do you have a designated driver? Public transportation? It’s a bit of a pain. We’ve decided this pain is more than worth it. The ability to drink in any way or to any extent at any time is not an absolute value.

The specific reforms are beside the point for these purposes. The point is the need for and public agreement to some balancing, some inconveniences and impediments to total freedom to do anything with guns up to the doorstep of a felony or a massacre. Until we do this, not only do we not have any of even the most basic reforms which could begin to make it a little harder to commit massacres, we also collectively send a signal as a society. Guns are not only potentially fatal as tools. They are all powerful totems. They are untouchable. They reduce adults who promise to spare no exertion to protect the country from various public or domestic threats to be reduced to the gibberish and nonsense of “thoughts and prayers.” Nothing is a deeper testament to the cultural power and invincibility of the gun in our society. And it is that power which is at the heart of the massacre spectacle – the desire and all-consuming need and drive to destroy lives including your own indiscriminately in a final burst of total power. Our collective impotence not only sharpens that weapon, that symbol for the perpetrators of the actual massacres. It also gives sanction for all the precursor behavior (the gun nut who is stockpiling AR-15s and ammo but never actually kills anyone).

The reforms are critical. And more of them than are even close to the current debate will be required. But the core of the culture of massacre is equally driven by the social sickness of inaction itself. It is the ultimate validation of the power of the gun that is at the heart of the sick social disease. Until we recognize that the collective message of the power and singular importance of guns is at the heart of the gun massacre scourge, we’ll never be rid of it.

My current Facebook status is, "Have we all forgotten that, at its core, the NRA is a trade association?" And one with questionable sources of funds at that.