It bears repeating that Judge Benitez's ruling against California's assault weapon ban promotes the anti-vax lie that COVID vaccines are killing many people—while falsely trivializing mass shootings with an AR-15 as "infinitesimally rare." d3n8a8pro7vhmx.cloudfront.net/firearmspolicy…
The portion of Benitez's opinion blithely trivializing the unique trauma of gunshot wounds from assault weapons is particularly nauseating.
nymag.com/intelligencer/…
Note, too, Benitez's contradictory conclusion: Mass shootings with assault weapons are "infinitesimally rare" in California, yet California's assault weapons ban is a "failed experiment which does not achieve its objectives of preventing mass shootings." d3n8a8pro7vhmx.cloudfront.net/firearmspolicy…
Then there is this perverse section, in which Benitez scolds California for maintaining its assault weapons ban when large-capacity magazine bans are allegedly more effective.

California passed a large-capacity magazine ban, and Benitez blocked it.
slate.com/news-and-polit…
Benitez rejects California's extensive evidence that assault weapons are unnecessary for home defense, claiming it "fails the scientific method," then drops completely unsupported conjectures like this one to support his own conclusion. d3n8a8pro7vhmx.cloudfront.net/firearmspolicy…
Benitez insists that "citizen militias are not irrelevant," citing the experiences of ... Fidel Castro, Ho Chi Minh, and the Taliban. d3n8a8pro7vhmx.cloudfront.net/firearmspolicy…
Doing some bizarre back-of-the-envelope math, Benitez calculates that "7,700 women may not have been raped" if they had "been armed with an assault weapon" from just 2003 to 2007. d3n8a8pro7vhmx.cloudfront.net/firearmspolicy…
I keep coming back to this appalling trivialization of mass shootings—Benitez seriously questions whether innocent civilians getting slaughtered with an assault weapon constitutes "real harm" for constitutional purposes. d3n8a8pro7vhmx.cloudfront.net/firearmspolicy…

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More from @mjs_DC

7 Jun
The first and ONLY Supreme Court opinion today is in Sanchez v. Mayorkas, a unanimous decision by Kagan holding that a TPS recipient who entered the U.S. unlawfully is not eligible under §1255 for LPR status merely because he has TPS. supremecourt.gov/opinions/20pdf…
No blockbusters* from the Supreme Court today. Next SCOTUS opinion day is Thursday (my birthday!).

*with the caveat that every case is a blockbuster to someone!
You all better be ready to wish me happy birthday while we wait for doom on Thursday.
Read 5 tweets
7 Jun
The Supreme Court takes up one new case, FBI v. Fazaga, a dispute over FISA and the state secrets privilege. scotusblog.com/case-files/cas…
Here is the full orders list: supremecourt.gov/orders/courtor…
Whoa—Sotomayor, joined by Breyer and KAVANAUGH, suggest the all-male draft may be unconstitutional, but counsel deference to Congress while it debates ending the all-male draft itself. supremecourt.gov/orders/courtor…
Read 10 tweets
6 Jun
The ACLU’s actual legal advocacy represents its institutional values; individual staffers’ tweets do not. All lawyers understand this, but some pretend not to.
The narrative that the ACLU has abandoned the First Amendment does not withstand the slightest scrutiny.
Also, the fact that @chasestrangio supported Amazon’s decision to stop selling an anti-trans book does not conflict with the ACLU’s commitment to free speech. Private businesses have a right to sell or not sell any book they choose. The ACLU has long defended corporate speech.
Read 6 tweets
4 Jun
She has no idea it’s SCOTUS season🥰
The blep of it all
🥲
Read 5 tweets
3 Jun
The Supreme Court has released its first and ONLY opinion of the day in Van Buren v. U.S. No blockbusters today! supremecourt.gov/opinions/20pdf…
Fascinating (and unprecedented) breakdown: Opinion by Barrett, joined by Kavanaugh, Gorsuch, Breyer, Sotomayor, and Kagan. Dissent by Thomas, joined by Roberts and Alito. supremecourt.gov/opinions/20pdf…
SCOTUS holds that an individual “exceeds authorized access” under the Computer Fraud and Abuse Act when he accesses a computer with authorization but then obtains information located in particular areas of the computer that are off-limits to him. This is the @OrinKerr bat signal.
Read 8 tweets
2 Jun
NEW: I spoke with Nick Wallace, the student who is not allowed to graduate from Stanford Law next week because a top member of the school's Federalist Society chapter issued a formal complaint against him for making fun of FedSoc. slate.com/news-and-polit… @Slate
Here is the flyer that led Stanford to place a hold on Wallace's diploma following a complaint by a Stanford Federalist Society leader.
I want to highlight the fact that Stanford hasn't *just* placed a hold on Wallace's diploma. It has also forced him to undergo a disciplinary investigation in the middle of finals. And by withholding his degree, it is preventing him from taking the bar. slate.com/news-and-polit…
Read 5 tweets

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