Opinion: The Supreme Court's stance on gun control could exacerbate America's issue with gun violence

Last month witnessed a surge in gun violence that marked one of the deadliest weeks in America's history. In Lewiston, Maine, 18 individuals fell victim to gun violence, while the subsequent weekend witnessed 12 additional mass shootings resulting in the deaths of at least 11 individuals and numerous injuries.

Shannon Watts

Courtesy Christopher Langford, despite our nation mourning the devastating loss of countless lives, the US Supreme Court is potentially on the verge of enabling even greater accessibility to firearms for troubled individuals. Scheduled for November 7, the case of United States v. Rahimi will determine whether governments can still prohibit those accused of domestic violence from possessing guns. The mere existence of doubt regarding the Court's ruling on whether accused domestic abusers should be permitted to arm themselves exposes the alarming state of malfunction within the Court.

The gun safety movement must take action to reform the Supreme Court, as Rahimi's case is a clear result of the Court's radical decision in New York State Rifle & Pistol Association v. Bruen. This decision overturned a longstanding law and, for the first time in American history, restricted states' ability to regulate guns in public. It was made possible by a supermajority of conservative justices who were strongly supported by the gun lobby.

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The Supreme Court is set to consider the claim made by the NRA that a New York agency coerced businesses into severing ties with the gun rights group. The decision in the Bruen case has had an expected negative impact on laws aimed at protecting the public from firearms. Lower courts have used this ruling to invalidate numerous gun safety laws, not only those addressing domestic abusers as seen in the Rahimi case, but also including bans on assault weapons and safety requirements for young adults. Regardless of the outcome of the Rahimi case, the Supreme Court has already significantly hindered our ability to safeguard Americans from gun violence.

This is due to the gun lobby's persistent efforts over the years, exemplified by the significant impact of the Bruen case and the severe threat posed by Rahimi. Organizations such as the National Rifle Association and the National Shooting Sports Foundation have utilized campaign contributions, multi-million dollar advertising campaigns, and covert legal strategies. Consequently, the Supreme Court has become alarmingly disconnected from safety-conscious Americans on various matters, eroding the trust of a vast portion of the American public.

Just recently, the Supreme Court announced its intention to address laws pertaining to bump stocks, aiming to diminish the lethality of semi-automatic weapons frequently used in mass shootings. Additionally, the court has agreed to review an appeal filed by the NRA, accusing the former head of New York's Department of Financial Services of attempting to convince banks and insurance companies to sever their connections with the organization.

President Joe Biden speaks during the League of Conservation Voters annual capital dinner at The Anthem in Washington, DC, on June 14, 2023.

Andrew Caballero-Reynolds/AFP/Getty Images

The gun safety movement has reached a crucial stage, according to Biden, as he commemorates the anniversary of significant legislation. The Supreme Court has exhibited a notable favor towards pro-gun perspectives, which not only endangers the well-being of countless Americans but also conflicts with the pressing calls from millions of individuals for enhanced gun safety measures.

Following the tragic Sandy Hook school shooting in 2012, I initiated a Facebook group to encourage parents to come together and take action against further acts of senseless violence. As a mother of five, my heart ached for the families who had experienced unimaginable loss, and I believed that together we could make a significant difference. What initially began as a heartfelt plea soon evolved into a powerful grassroots movement known as Moms Demand Action, spanning across all states.

Thanks to the unwavering dedication of advocates and activists nationwide, over the past decade since the inception of Moms Demand Action, we have unequivocally shown that Americans from all walks of life support the implementation of rational gun reforms. Since our movement gained momentum, over 500 new gun safety measures have been enacted into law by various states, which include provisions for extreme risk protection orders, safe storage requirements, and thorough background checks. In 2022 alone, more than 3,000 candidates at the local, state, and federal levels made gun safety a focal point of their campaigns. Additionally, in a remarkable breakthrough last summer, the United States Congress passed the first federal gun safety bill in over 30 years, marking a significant milestone since President Bill Clinton's term in office.

In this October 2017 photo, a bump stock is attached to a semi-automatic rifle at the Gun Vault store and shooting range in South Jordan, Utah.

Rick Bowmer/AP/File

Supreme Court to consider challenge to federal bump stock ban

We need to harness the passion of gun safety advocates to address the issues with our current Supreme Court. The solution lies in expanding the Supreme Court to ensure a fair and rational balance. By enacting a law to increase the number of justices, we can provide the president with the opportunity to appoint four new justices who will contribute to restoring equilibrium within the institution.

While this change does not guarantee a specific outcome in any given case, it would serve as a counterweight to the prevailing extreme-right majority that has consistently aligned with the interests of the gun lobby. Fortunately, expanding the Supreme Court is undoubtedly within the bounds of constitutional legality. Congress has historically implemented this measure on multiple occasions throughout American history, and we have the capacity to do so once again.

While Republicans control the House of Representatives and achieving Supreme Court expansion may not be expected at the moment, there is increasing nationwide support for it, making it a sensible long-term objective. This call for expansion is being led by a growing number of advocates in the gun violence prevention, reproductive rights, and racial justice movements. Notable leaders in Congress who support expansion include Senators Ed Markey (Democrat-Massachusetts), Elizabeth Warren (Democrat-Massachusetts), and Tina Smith (Democrat-Minnesota). Additionally, support has been garnered from House members such as Representative Jamie Raskin (Democrat-Maryland), Jerrold Nadler (Democrat-New York), Hank Johnson (Democrat-Georgia), and many others.

Legal experts, including former members of President Biden's commission on the Supreme Court, argue that expanding the Court could be the key to preserving democracy for future generations and addressing existing issues. They view it as the sole solution to rectifying the problems at hand. Although victory may not come immediately, my experience in challenging the gun lobby has shown me that it is indeed possible to mobilize a movement against formidable adversaries who initially seem invincible. Sign up for our complimentary weekly newsletter now.

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The battle to ensure gun safety must be fought on multiple fronts. One way to further this cause is by advocating for an expansion of the Supreme Court. Alongside our efforts to fundamentally reform the Court, it is crucial that we continue to back candidates who prioritize gun safety and push for new legislation.

The path to increasing the number of justices is not without challenges. However, when it comes to safeguarding our children from the tragic effects of gun violence, we cannot afford to shy away from difficult battles. The time has come for the gun safety movement to firmly support the fight for fair courts, as lives hang in the balance.