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   Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Wednesday, 13-Nov-2024 04:41:43 JST Heidi Li Feldman

   Today, I return to writing about developments in holding firearms manufacturers and sellers accountable for their role in gun violence and how that intersects with 2nd Amendment doctrine. I finally have an inkling of how to address these issues in light of the U.S. election results. We must deal with the fact that courts and legislatures dominated by Republican Fascists are not in the business of law in service of justice and democracy. 1/ #LawFedi

   • Robert Link repeated this.
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     Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Wednesday, 13-Nov-2024 04:41:42 JST Heidi Li Feldman

     in reply to

     Just as physicists should not treat astrologers and physicians should not treat faith healers as within the enterprises of physics and medicine, respectively, legal scholars and attorneys should not treat Republican Fascist courts and legislatures as if they are making law for a pluralistic constitutional democracy. 2/

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     Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Wednesday, 13-Nov-2024 04:41:42 JST Heidi Li Feldman

     in reply to

     At the same time, for at least the next twelve months, victims of gun violence will go to court seeking to hold manufactures and sellers accountable; and state legislatures attempting to combat gun violence will be in court defending existing laws and, in some cases, will be attempting to pass new ones, which will need defending. 3/

     Robert Link repeated this.
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     Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Wednesday, 13-Nov-2024 04:41:42 JST Heidi Li Feldman

     in reply to

     Some courts will still be attempting “regular” adjudication, trying to interpret and apply law as has been usual in the American context, where at least the aspiration to a pluralist constitutional democracy has been uncontroversial. Other courts, already dominated by Republican Facists, will pretend to be doing usual adjudication by going through certain motions but with no intention of serving that aspiration. And some courts will drop the pretense entirely. 4/

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     Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Wednesday, 13-Nov-2024 04:53:07 JST Heidi Li Feldman

     in reply to

     Even if we lawyers and legal scholars standing for law in service of the general good and justice have only nascent ideas about how to approach Republican Fascist courts and legislatures, we must do our best to reckon to with them. We will have to learn as we go. In my own legal writing, I will suggest what I can, knowing that its efficacy will have to be tested. We can’t let ourselves be stymied by an awareness that our tactics are provisional. 6/

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     Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Wednesday, 13-Nov-2024 04:53:08 JST Heidi Li Feldman

     in reply to

     Legal scholars and commentators and lawyers working to protect the vulnerable and, in the the longer run, to shift the U.S. away from Republican Fascism have to develop positions, approaches, and arguments to address all three kinds of courts (see 4 in this thread) — though the usual idea of legal argument will only have traction with the first. 5/

     Robert Link repeated this.