In preparing for my most recent Supreme Court argument, I realized that I have something in common with the Court’s most conservative members. Like them, I do not believe there should be “second-class” constitutional rights subject to judicial balancing. If something is a right, it must be protected.
View in browser ([link removed] )
NL-Header_DD-Premium2 ([link removed] )
December 15, 2025
In preparing for my most recent Supreme Court argument, I realized that I have something in common with the Court’s most conservative members. Like them, I do not believe there should be “second-class” constitutional rights subject to judicial balancing. If something is a right, it must be protected.
Unfortunately, our agreement appears to end there. While conservatives are concerned with protecting the Second Amendment, my concern lies with the right to vote being treated as an afterthought.
For years, it was generally understood that the “well regulated Militia” in the Second Amendment’s text referred to exactly that: a well regulated militia — not an individual’s desire to own a gun. As a result, the federal government as well as many states and local governments regulated gun ownership with that interpretation in mind...
Become a premium member to unlock the full article, where Marc dives into:
- The Supreme Court’s hypocrisy on voting rights
- How we can take conservative legal arguments and apply them to democracy
- Why voting rights has been treated like a second-class right — and how to reverse it
For $120/year, upgrade to our premium membership ([link removed] ) and support Democracy Docket’s team in keeping you informed on the latest news about voting and elections in the courts.
SUPPORT OUR WORK AND READ THE REST
([link removed] )
Facebook ([link removed] )
X ([link removed] )
Instagram ([link removed] )
Bluesky_Logo-grey (2) ([link removed] )
YouTube ([link removed] )
Website ([link removed] )
TikTok ([link removed] )
We also understand that not everyone is able to make this commitment, which is why our free daily and weekly newsletters aren’t going anywhere! If you prefer not to receive samples of our premium content and only want our free daily and weekly newsletters, you can opt out here. ([link removed] )
Unsubscribe ([link removed] ) | Manage your preferences ([link removed] ) | Donate ([link removed] )
Democracy Docket, LLC
250 Massachusetts Avenue, Suite 400
Washington, D.C., 20009
