JWI Applauds 8-1 Decision in United States v. Rahimi
From Jewish Women International on June 21, 2024:
Jewish Women International Applauds Today's 8-1 Supreme Court Decision to Uphold Federal Protections for Domestic Violence Survivors
Jewish Women International applauds the Supreme Court’s decision today in United States v. Rahimi to uphold the federal law prohibiting individuals subject to final domestic violence protective orders from possessing, receiving, shipping, or transporting firearms or ammunition. JWI led a faith-based amicus brief in support of upholding this vital law.
"This ruling is a powerful affirmation that the United States prioritizes the safety and well-being of victims and survivors of domestic violence over the desires of adjudicated abusers to possess guns," said Meredith Jacobs, CEO of Jewish Women International. "We must now focus on fully closing the dating loophole to protect all survivors equally, and we must ensure that prohibited abusers relinquish their firearms."
Zackey Rahimi was subject to a final domestic violence protective order (an order issued after a hearing of which he had notice and at which he had the opportunity to appear), restraining him from abusing his former partner, with whom he shares a child in common. While subject to this order, which under both federal and state law prohibited him from possessing firearms, he went on a shooting spree, engaging in five separate incidents of gun violence. In addition to other charges, he was charged with violating 18 USC 922(g)(8), the federal law prohibiting respondents to final domestic violence protective orders from having firearms if the protective order and the relationship between the parties meets certain criteria.
In 2022, the Supreme Court ruled in NYSRPA v. Bruen that when considering the constitutionality of firearms laws, courts can only consider the historical tradition of firearms regulations and not whether there is a compelling government interest in such regulation. The Court allowed that society has changed substantially in the past 250 years since the Constitution was written and in the 150 years since the ratification of the 14th Amendment, and thus courts should also consider analogous laws when considering whether a firearms law is constitutional.
Domestic violence protective orders did not exist 250 years ago, when the Constitution was written, and a three-judge panel of the the 5th Circuit Court of Appeals ignored historical laws disarming dangerous people and ruled that 18 USC 922(g)(8) was unconstitutional.
This decision is a victory for victims and survivors of domestic violence nationwide and highlights that, like every right, the scope of the 2nd Amendment is not unlimited. The Supreme Court is acknowledging this reality and starting to provide more detailed guidance to lower courts on interpreting the Bruen decision.
However, our work is not complete. It is imperative that we fully close the boyfriend loophole, which currently allows dating partners subject to final protective orders to possess firearms. More than half of intimate partner homicides are committed by dating partners, and yet dating partners who are found by a court to pose a danger to their victims are still permitted under federal law to have guns unless they live(d) or have a child with the victim.
This gap in protection continues to endanger lives and must be addressed with urgency. We must also ensure that adjudicated abusers relinquish their firearms upon becoming prohibited.
We invite all advocates and community members to join us for a free, informative webinar on Tuesday, June 25 at 12:00 p.m. ET during which we will discuss the implications of this decision and our next steps in the fight for the safety and rights of domestic violence survivors.
The webinar will feature Shira Feldman, Director of Constitutional Litigation for the Brady Campaign; Katherine St. Romain, Litigation Associate at Fried Frank; Dr. Denise Berte, Executive Director of Peaceful Families Project; Father Charles Dahm of Catholics for Family Peace (Director of Domestic Violence Outreach for the Archdiocese of Chicago); and will be moderated by Rachel Graber, Vice President of Government Relations and Advocacy at Jewish Women International.
Register for the webinar here.
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Jewish Women International (JWI) is the leading Jewish organization working to end violence against women and girls domestically and internationally. JWI's National Center on Domestic & Sexual Violence in the Jewish Community is the hub of resources, trainings, and research to support the field. It convenes The Collaborative, the network of all Jewish domestic violence agencies in the U.S. and established and hosts the Interfaith Coalition Against Domestic and Sexual Violence and the Clergy Task Force to End Domestic Abuse in the Jewish Community. A Steering Committee member of the National Task Force to End Sexual and Domestic Violence, JWI’s advocacy efforts focus on the passage of legislation that supports women and girls, ensures their economic security, and protects their right to live free of violence.