Friday, February 09, 2024

Hawaii Supreme Court says U.S. Supreme Court doesn't know what it's talking about

 Oh, you gotta like it when the states say the feds are messing things up.  This time it's about guns.  From Reuters:

The Hawaii Supreme Court has upheld the state's laws that generally prohibit carrying a firearm in public without a license--and in the process criticized the conservative-majority U.S. Supreme Court's rulings that have expanded gun rights.
Justice Todd Eddins wrote in a unanimous 5-0 decision on Wednesday that under the U.S. Constitution's Second Amendment, "states retain the authority to require individuals have a license before carrying firearms in public."
The court, comprised of three appointees of Democratic governors and two Republican-appointed judges, said it disagreed with the U.S. Supreme Court's recent rulings interpreting the right to keep and bear arms under the Second Amendment.
It expressed that disagreement as it interpreted a near-identical provision of the state's constitution which says: "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."

Here's the opinion, which even has a quote from The Wire:

As the world turns, it makes no sense for contemporary society to pledge allegiance to the founding era’s culture, realities, laws, and understanding of the Constitution.  “The thing about the old days, they the old days.”  The Wire: Home Rooms (HBO television broadcast Sept. 24, 2006) (Season Four, Episode Three).

And the Court explains how the feds interpretation "clashes with Aloha spirit:"

In Hawaiʻi, the Aloha Spirit inspires constitutional interpretation.  See Sunoco, 153 Hawaiʻi at 363, 537 P.3d at 1210 (Eddins, J., concurring).  When this court exercises “power on \behalf of the people and in fulfillment of [our] responsibilities, obligations, and service to the people” we “may contemplate and reside with the life force and give consideration to the ‘Aloha Spirit.’”  HRS § 5-7.5(b) (2009). The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities. 

Being a Supreme Court Justice in Hawaii seems like a pretty good gig.


Anonymous said...

No Booby Luck in Hawaii

Anonymous said...

Hawaii follows Aloha spirit; SCOTUS follows MAGA spirit.

Anonymous said...

The problem with these displays of Liberal rebelion is that it just makes them look like spoiled children.

Not even Kagan was buying the Colorado 14th amendment argument. And when the question of due process came up, it got laughed off as not interesting enough.

Lawfare is not an appropriate use of public resources. Even if used to stop ‘Hitler’. Wheres the ACLU?

Anonymous said...

More like Ivy League spirit.