Why is it an attack on the 2nd amendment? It does not infringe on a persons right to keep and bear arms.
But regardless your position is that it is hopeless and nothing will change. Thats not very helpful.
I didn't say nothing would change.
I said that acting like "writing the right law" would get past the Supreme Court because "it does not infringe on a person's right to keep and bear their arms" is being silly and naive.
The court will rule whatever it wants unconstitutional for whatever reason.
"We have five votes, fuck you, that's why."
You can't legislate past that by clever framing of the law.
You get things passed by getting a majority on the court or putting the court in a situation where the majority thinks it is in their best interests to let the law stand.
Given how insulated the Supreme Court is from any accountability, that's going to be damn hard.
But look, it took the gun lobby 30-40 years to get the court to change its mind and say that there was an individual right to bear arms. (If you date the real push for that with the rise of that kind of rhetoric after the civil rights movement). So yes, getting it undone might take 30-40 years. I'd like to think it would be less, but passing laws that work within the "legal language" the Court is pretending their decision concerns is only useful to raise support from the public for things that sound like common sense that the court strikes down anyway.
So go ahead and do it, sure, but pretending it will work because it doesn't conflict with the "plain reading of the text" or whatever is just silly.