Conservatives try to mask the horror of what the Fifth Circuit has done [in US v. Rahimi] by making a due-process argument. They say that a restraining order is vastly different from a criminal conviction and that people should not have a fundamental constitutional right taken away from them without the full benefit of a trial. There is a version of this argument I could agree with: I don’t, for instance, think people should lose their voting rights based on a prosecutorial indictment.
Conservatives try to mask the horror of what the Fifth Circuit has done [in US v. Rahimi] by making a due-process argument. They say that a restraining order is vastly different from a criminal conviction and that people should not have a fundamental constitutional right taken away from them without the full benefit of a trial. There is a version of this argument I could agree with: I don’t, for instance, think people should lose their voting rights based on a prosecutorial indictment.