The Supreme Court upholds a gun control law intended to protect domestic violence victims

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By MARK SHERMAN Associated Press

WASHINGTON (AP) — The Supreme Court on Friday upheld a federal gun control law that is intended to protect victims of domestic violence.

In their first Second Amendment case since they expanded gun rights in 2022, the justices ruled 8-1 in favor of a 1994 ban on firearms for people under restraining orders to stay away from their spouses or partners. The justices reversed a ruling from the federal appeals court in New Orleans that had struck down the law.

Chief Justice John Roberts, writing for the court, said the law uses “common sense” and applies only “after a judge determines that an individual poses a credible threat” of physical violence.

Justice Clarence Thomas, the author of the 2022 Bruen ruling in a New York case, dissented.

Last week, the court overturned a Trump-era ban on bump stocks, the rapid-fire gun accessories used in the deadliest mass shooting in modern U.S. history. The court ruled that the Justice Department exceeded its authority in imposing that ban.

Friday’s case stemmed directly from the Supreme Court’s Bruen decision in June 2022. A Texas man, Zackey Rahimi, was accused of hitting his girlfriend during an argument in a parking lot and later threatening to shoot her.

At arguments in November, some justices voiced concern that a ruling for Rahimi could also jeopardize the background check system that the Biden administration said has stopped more than 75,000 gun sales in the past 25 years based on domestic violence protective orders.

The case also had been closely watched for its potential to affect cases in which other gun ownership laws have been called into question, including in the high-profile prosecution of Hunter Biden. President Joe Biden’s son was convicted of lying on a form to buy a firearm while he was addicted to drugs. His lawyers have signaled they will appeal.

A decision to strike down the domestic violence gun law might have signaled the court’s skepticism of the other laws as well. But Friday’s decision did not suggest that the court would necessarily uphold those law either.

The justices could weigh in soon in one or more of those other cases.

Many of the gun law cases grow out of the Bruen decision. That high court ruling not only expanded Americans’ gun rights under the Constitution but also changed the way courts are supposed to evaluate restrictions on firearms.

Roberts turned to history in his opinion. “Since the founding, our nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms,” he wrote.

Rahimi’s case reached the Supreme Court after prosecutors appealed a ruling that threw out his conviction for possessing guns while subject to a restraining order.

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Rahimi was involved in five shootings over two months in and around Arlington, Texas, U.S. Circuit Judge Cory Wilson noted. When police identified Rahimi as a suspect in the shootings and showed up at his home with a search warrant, he admitted having guns in the house and being subject to a domestic violence restraining order that prohibited gun possession, Wilson wrote.

But even though Rahimi was hardly “a model citizen,” Wilson wrote, the law at issue could not be justified by looking to history. That’s the test Justice Thomas laid out in his opinion for the court in Bruen.

The appeals court initially upheld the conviction under a balancing test that included whether the restriction enhances public safety. But the panel reversed course after Bruen. At least one district court has upheld the law since the Bruen decision.

Advocates for domestic violence victims and gun control groups had called on the court to uphold the law.

Firearms are the most common weapon used in homicides of spouses, intimate partners, children or relatives in recent years, according to data from the federal Centers for Disease Control and Prevention. Guns were used in more than half, 57%, of those killings in 2020, a year that saw an overall increase in domestic violence during the coronavirus pandemic.

Seventy women a month, on average, are shot and killed by intimate partners, according to the gun control group Everytown for Gun Safety.

Gun rights groups backed Rahimi, arguing that the appeals court got it right when it looked at American history and found no restriction close enough to justify the gun ban.

Trump ally Bannon asks the Supreme Court to delay his 4-month prison sentence on contempt charges

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By LINDSAY WHITEHURST (Associated Press)

WASHINGTON (AP) — Steve Bannon, a longtime ally of former President Donald Trump, asked the Supreme Court on Friday to delay his prison sentence while he fights his convictions for defying a subpoena from the House committee that investigated the attack on U.S. Capitol.

The emergency application came after a federal appeals court panel rejected Bannon’s bid to avoid reporting to prison by July 1 to serve his four-month sentence. It was addressed to Chief Justice John Roberts, who oversees emergency appeals from courts in Washington, D.C.

The high court asked the Justice Department to respond to the request by Wednesday, days before the court is set to begin its summer recess. The court denied a similar request from another Trump aide shortly after receiving a response in March.

Bannon was convicted nearly two years ago of two counts of contempt of Congress: one for refusing to sit for a deposition with the Jan. 6 House Committee and the other for refusing to provide documents related to his involvement in Trump’s efforts to overturn his 2020 presidential election loss to Democrat Joe Biden.

Bannon has cast the case as politically motivated, and his attorney David Schoen has said the case raises “serious constitutional issues” that need to be examined by the Supreme Court.

If Bannon goes to prison next month, he will likely have to serve his full sentence before the high court has the chance to review those questions, since the court is due to take its summer recess at the end of June, attorney Trent McCotter wrote in his emergency application.

His lawyer says the former adviser didn’t ignore the subpoena but was still negotiating with the congressional committee when he was charged. His previous attorney told him that the subpoena was invalid because the Republican former president has asserted executive privilege and the committee would not allow a Trump lawyer in the room.

In court papers, Bannon’s lawyers also previously argued that there is a “strong public interest” in allowing him to remain free in the run-up to the 2024 election because Bannon is a top adviser to Trump’s campaign.

Bannon’s prison term has been delayed as he appealed. U.S. District Judge Carl Nichols ordered him to turn himself in after an appeals court panel upheld his contempt of Congress convictions.

A second Trump aide, trade adviser Peter Navarro, was also convicted of contempt of Congress. He reported to prison in March to serve his four-month sentence after the Supreme Court refused his bid to delay the sentence.

Courts have rejected his executive-privilege argument, finding Navarro couldn’t prove Trump had actually invoked it.

Bannon is also facing criminal charges in New York state court alleging he duped donors who gave money to build a wall along the U.S. southern border. Bannon has pleaded not guilty to money laundering, conspiracy, fraud and other charges, and that trial has been postponed until at least the end of September.

Newly named Washington Post editor decides not to take job after backlash

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NEW YORK (AP) — The Washington Post said Friday that newly named editor Robert Winnett has decided not to take the job and remain in Britain instead, another upheaval at a news outlet where a reorganization plan has gone disastrously wrong.

The Post’s CEO and publisher, Will Lewis, announced Winnett’s decision to withdraw in a note to staff on Friday morning, and said a recruitment firm would be hired to launch a search for a replacement immediately.

The financially struggling Post had announced Winnett would take over as editor of the core newsroom functions after November’s presidential election, while it was also setting up a “third newsroom” devoted to finding new ways for its journalism to make money.

Three weeks ago, then-executive editor Sally Buzbee said that she would quit rather than take a demotion to head this revenue-enhancement effort. Former Wall Street Journal editor Matt Murray was brought on as her interim replacement and future leader of the “third newsroom.”

Since then, several published reports had raised questions about the journalistic ethics of Lewis and Winnett stemming from their work in England. For example, both men worked together in a series of scoops about extravagant spending by British politicians fueled by information that they paid a data information company for — a practice frowned upon by American journalists.

The New York Times wrote that both Winnett and Lewis were involved in stories that appeared to be based on fraudulently-obtained phone and business records.

It sparked a newsroom revolt at The Post. David Maraniss, a two-time Pulitzer Prize winner who has worked at the newspaper for four decades, said this week that he didn’t know anyone there who thought the situation with the publisher and “supposed new editor” could stand.

“The body is rejecting the transfusion,” Maraniss wrote on Facebook.

Lewis, a former Wall Street Journal publisher and vice chairman of The Associated Press’ board of directors, started at The Post earlier this year, hired by billionaire owner Jeff Bezos to stem a costly exodus of readers. The Post had said it had lost $77 million last year.

In a memo to key staff members earlier this week, Bezos assured them that journalistic standards and ethics at the newspaper would not change. “I know you’ve already heard this from Will, but I wanted to also weigh in directly,” he wrote.

“To be sure, it can’t be business as usual at The Post,” Bezos wrote. “The world is evolving rapidly and we do need to change as a business.”

In his Facebook note, Maraniss said that the issue for staff members is integrity, not resistance to change. To that end, it remains to be seen whether Lewis can gain staff support.

Lewis said Friday that the recruitment firm and process for replacing Winnett will be announced soon. Winnett’s sudden hiring — without any indication of an extensive search — had also rankled staff members.

But Lewis also said that the reorganization efforts would continue.

Winnett is staying at the Telegraph in London. Telegraph editor Chris Evans told that newspaper that “he’s a talented chap, and their loss is our gain,” according to the Guardian.

___

Associated Press correspondent Jill Lawless in London contributed to this report.

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Finding God, Asking State to Find Mercy on Death Row

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The State of Texas plans to execute 41-year-old Ramiro Gonzales next Wednesday, June 26. Not for the first time, his lawyers are pleading with Governor Greg Abbott and the Texas Board of Pardons and Paroles for clemency. This time, attorneys are arguing that his religious growth and ministry on death row means he deserves to live. 

Gonzales was sentenced to death in 2006 for the murder of Bridget Townsend, who witnessed Gonzales robbing his drug dealer’s home, in 2001. 

His attorneys filed an application for clemency on June 5 and requested a hearing on Gonzales’ upcoming execution. The board denied the hearing request but will vote on whether to recommend the governor grant clemency by Monday, two days before his scheduled execution.

“The role of executive clemency is, supposedly, to prevent miscarriages of justice that might yet occur due to the fallibility of our criminal legal system,” said Thea Posel, one of Gonzales’ attorneys. “On a basic level, it is an opportunity for those in power to grant mercy and to recognize not only grave injustices but also the power of rehabilitation and the human capacity for change.”

Texas governors have very rarely granted clemency to prisoners on death row. The only time Governor Greg Abbott has done so was in 2018, when Abbott commuted Thomas Whitaker’s sentence after his father—and would-be victim of Whitaker’s 2003 familicide plot—pled for mercy for his son. 

The Texas Court of Criminal Appeals (CCA) stayed Gonzales’ original execution in July 2022 two days before the date, after an expert who had testified that Gonzales posed a future danger to society walked back his testimony. The state’s highest criminal appeals court ordered a lower court to review the case given that new information. At a lower court judge’s recommendation early this year, the CCA dismissed Gonzales’ claim, and the state set his June 26 execution date. The U.S. Supreme Court also declined to hear the case in February. 

While in prison, Gonzales became one of the first members of the Texas Department of Criminal Justice Faith Based Program on Death Row, where participants live in a special housing area and take religious classes. State prison systems have provided similar programs to the prison population for decades, but TDCJ became the first to extend the initiative to death row in 2021. According to his clemency application, Gonzales found God in the Medina County Jail ahead of the trial for Townsend’s murder, after a visiting preacher gave him a Bible. 

Gonzales’ participation in the death row program and his spiritual journey are at the heart of the calls for clemency, both from his lawyers and tens of thousands of people who have signed online petitions against the scheduled execution. Before he received his execution date and was moved to a special “death watch” area, Gonzales was a peer mentor and coordinator for the Faith Based Program and often ministered to other people on death row. He received the equivalent of a bachelor’s degree from a theological seminary while in prison. 

“Is clemency called for in a case where executing [Gonzales] is the judicially imposed sanction for a heinous crime, but granting him mercy would save souls that would otherwise be lost?” his clemency application states.

Such religious language is common in appeals for clemency in Texas. Condemned Texans often ask for clemency on religious grounds, pulling from scripture and theology to draw parallels between flawed religious figures and those on Texas’ death row, and proclaiming the transformative power of faith. Historically, these arguments haven’t swayed governors and their pardon board appointees to show mercy, even in Texas. 

Last October, Will Speer, the first inmate coordinator for the Death Row Faith Based Program, was set to be executed, and despite his extensive work with the program and his spiritual growth, the board unanimously denied his clemency application, which highlighted his religious devotion. For reasons unrelated to his clemency application, the Court of Criminal Appeals granted a stay five hours before he was supposed to be killed. 

Speer told the Observer this week that it’s difficult for men in the program—which he said consists of “not just some fluff that sounds good [but] life changing, life growing, life giving classes”—when one of their leaders gets an execution date. 

“There are men who are new to the change, some new to faith,” he wrote in a message to the Observer. “They need lots of help to see things in a new light, or a different perspective. It’s not always easy to shake off 20, 30, 40, years of living with one mentality.”

(Elisabetta Diorio)

An op-ed in The New York Times lauded Gonzales’ efforts to donate and his spiritual growth on death row. “His attempt to donate a kidney represents something beyond a modification of the simple logic of an eye for an eye,” wrote Rachael Bedard, who worked as a palliative care physician at Rikers Island for five years and met with Gonzales after hearing about his case. “It is an expression of hard-won self-knowledge and the good he has found in himself, commingled with remorse.”

In addition to highlighting his religious turn, Gonzales’ current clemency application includes grim details about his childhood—mitigating circumstances like childhood abuse and mental illness are also common threads in many clemency applications in Texas. 

Raised by his mother’s parents, he was allegedly sexually abused by his cousin and others when he was a child, according to court documents. He became addicted to drugs after his aunt, with whom he shared a close bond, died in a car accident when he was 15. He struggled in school, repeating multiple grades—by the time he dropped out at age 16, he was still in the 8th grade. 

But Gonzales’ attorneys told the Observer that in this second clemency application, they wanted to focus not just on the reasons Gonzales “does not deserve to die,” but to highlight the reasons he should live and continue his ministry on death row. 

“In the free world, ministers and faith leaders are viewed as pillars of the community. … In the same way, Ramiro is a leader in prison society,” Posel said. “He is deserving of mercy for numerous reasons, but faith is inextricably intertwined with all of them, as it is an essential part of who he is and how he has attempted to atone for his sins and the pain he has caused.”