Ketanji Brown Jackson Rips SCOTUS for Putting Guns Above Everything
Supreme Court Justice Ketanji Brown Jackson wrote a scathing dissent as the court struck down Hawaii’s gun restrictions.

Supreme Court Justice Ketanji Brown Jackson just accused the Supreme Court of caring more about guns than the actual law.
The court issued a 6–3 decision Thursday along ideological lines to scrap Hawaii’s law prohibiting gun owners from taking their weapons onto private property without obtaining express permission. In a dissent written by Jackson and joined by Justice Sonia Sotomayor, Jackson argued that the court had failed to faithfully apply its own jurisprudence.
“Today’s decision makes one thing clear: The Court’s objective is protecting guns, not consistently preserving any principle of law,” she wrote.
Jackson argued that the court had incorrectly applied, and obscured the purpose of, a two-step legal test to prove if the Second Amendment had been violated, established in New York State Rifle & Pistol Assn., Inc. v. Bruen.
At step one of Bruen, the court must determine whether the “plain text” of the Second Amendment covers the challenged action. Jackson claimed that it didn’t. The law being challenged, Act 52, required gun owners to receive affirmative consent from a property owner before bringing their firearm onto private property.
“This case is about property rights, not gun rights,” Jackson wrote.
“There is no constitutional right to enter private property without the owner’s permission, let alone with a firearm,” she added. “So the question this case presents is merely how a property owner must communicate his decision to exclude or to invite armed carry, including whether a State may alter the background property-law rules that set the default as one or the other. The Second Amendment has nothing to say about that.”
Additionally, Jackson argued that the challenge also failed at step two of Bruen, which requires the government to justify the regulation by showing it is consistent with the nation’s historical tradition of regulating firearms. But Hawaii’s history must also be taken into account, Jackson argued, as there is no tradition of concealed carry on the islands. “In this way, Hawaii’s use of its prerogative to protect the interests of its residents is consistent with its own traditions,” she wrote.
In obscuring Bruen, Jackson argued the court had opened the door to more chaos. “From this day forward, it will be difficult to view Bruen as anything more than a fig leaf,” she wrote. “The Court’s effort to rein in judicial discretion has resulted in an arbitrary rule that unleashes judges to thwart gun regulation at every turn.”







