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Hawaii's high court cites 'The Wire' in its ruling on gun rights
People walk past a gun club on June, 23, 2022, in Honolulu. A ruling by Hawaii’s high court saying that a man can be prosecuted for carrying a gun in public without a permit uses pop culture references in an apparent rebuke of a U.S. Supreme Court decision that expanded gun rights nationwide.
Marco Garcia/AP
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People walk past a gun club on June, 23, 2022, in Honolulu. A ruling by Hawaii’s high court saying that a man can be prosecuted for carrying a gun in public without a permit uses pop culture references in an apparent rebuke of a U.S. Supreme Court decision that expanded gun rights nationwide.
Marco Garcia/AP
HONOLULU — A ruling by Hawaii’s high court saying that a man can be prosecuted for carrying a gun in public without a permit cites crime-drama TV series “The Wire” and invokes the “spirit of Aloha” in an apparent rebuke of a U.S. Supreme Court decision that expanded gun rights nationwide.
“The thing about the old days, they the old days,” the unanimous Hawaii Supreme Court ruling issued Wednesday said, borrowing a quote from season four, episode three of the HBO series to express that the culture from the founding of the country shouldn’t dictate contemporary life.
Authored by Justice Todd Eddins, the opinion goes on to say, “The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities. “
The ruling stems from a 2017 case against Christopher Wilson, who had a loaded pistol in his front waistband when police were called after a Maui landowner reported seeing a group of men on his property at night.
The handgun was unregistered in Hawaii, and Wilson had not obtained or applied for a permit to own the gun, the ruling said. Wilson told police he legally bought the gun in Florida in 2013.
Wilson’s first motion to dismiss the charges argued that prosecuting him for possession of a firearm for self-defense violated his right to bear arms under the Second Amendment of the U.S. Constitution. It was denied.
Then in 2022, a U.S. Supreme Court decision known as New York State Rifle & Pistol Association v. Bruen upended gun laws nationwide, including in Hawaii, which has long had some of the strictest gun laws in the country — and some of the lowest rates of gun violence.
Just as the Bruen decision came out, Wilson filed a second motion to dismiss the case. A judge granted the dismissal, and the state appealed.
Handguns are displayed at a gun shop on June 23, 2022, in Honolulu. A ruling by Hawaii’s high court saying that a man can be prosecuted for carrying a gun in public without a permit uses pop culture references in an apparent rebuke of a U.S. Supreme Court decision that expanded gun rights nationwide.
Marco Garcia/AP
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Marco Garcia/AP
Handguns are displayed at a gun shop on June 23, 2022, in Honolulu. A ruling by Hawaii’s high court saying that a man can be prosecuted for carrying a gun in public without a permit uses pop culture references in an apparent rebuke of a U.S. Supreme Court decision that expanded gun rights nationwide.
Marco Garcia/AP
Ben Lowenthal of the Hawaii public defender’s office, Wilson’s attorney, said Thursday his office is “taking stock of our options,” including seeking review from the U.S. Supreme Court.
Wilson denied trespassing and said he and his friends “were hiking that night to look at the moon and Native Hawaiian plants,” according to the recent ruling.
Hawaii Attorney General Anne Lopez hailed the ruling as a “landmark decision that affirms the constitutionality of crucial gun-safety legislation.”
The ruling reflects a “culture in Hawaii that’s very resistant to change” and a judiciary and government that has been “recalcitrant” in accepting Bruen, said Alan Beck, an attorney not involved in the Wilson case.
“The use of pop culture references to attempt to rebuke the Supreme Court’s detailed historical analysis is evidence this is not a well-reasoned opinion,” said Beck, who has challenged Hawaii’s gun restrictions.
Beck represents three Maui residents who are challenging a Hawaii law enacted last year that prohibits carrying a firearm on the beach and in other places, including banks, bars and restaurants that serve alcohol.
A federal judge in Honolulu granted a preliminary injunction, which prevents the state from enforcing the law. The state appealed, and oral arguments are scheduled for April before the 9th U.S. Circuit Court of Appeals.
Bruen set a new standard for interpreting gun laws, such that modern firearm laws must be consistent with the nation’s historical tradition of firearm regulation.
“We believe it is a misplaced view to think that today’s public safety laws must look like laws passed long ago,” Eddins, of the Hawaii high court, wrote. “Smoothbore, muzzle-loaded, and powder-and-ramrod muskets were not exactly useful to colonial era mass murderers. And life is a bit different now, in a nation with a lot more people, stretching to islands in the Pacific Ocean.”
The Bruen ruling “snubs federalism principles,” Eddins wrote, asserting that under Hawaii’s constitution, there is no individual right to carry a firearm in public.
Dating back to the 1800s, when Hawaii was a kingdom, weapons were heavily regulated, Eddins wrote. He noted that in 1833 King Kamehameha III “promulgated a law prohibiting ‘any person or persons’ on shore from possessing a weapon, including any ‘knife, sword-cane, or any other dangerous weapon.’”
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California’s primary for governor is undecided as candidates vie to be in the top two
Xavier Becerra, Democratic gubernatorial candidate for California, and Steve Hilton, Republican gubernatorial candidate for California, shake hands while arriving for a gubernatorial debate at KRON Studios in San Francisco in April.
Jason Henry/Getty Images North America
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Jason Henry/Getty Images North America
SAN FRANCISCO — The primary election for California governor is too close to call, with vote counting continuing Wednesday. Democrat Xavier Becerra and Republican business executive Steve Hilton lead the field with Democrat Tom Steyer in third place.
In California’s unusual primary system, all candidates, regardless of party, appear on a single ballot open to any registered voter. The top two candidates then move on to the general election, even if they’re from the same party. This year, voters had 60 names for governor to choose from.
The winner will lead the country’s most populous state, where leaders often take on national political prominence. Incumbent Gov. Gavin Newsom is at his two-term limit and could be a Democratic contender for president.
Becerra, former Health and Human Services secretary under President Joe Biden, pitched himself to voters as an experienced political leader who isn’t afraid of President Trump, but his lead caps one of the most surprising and dramatic comebacks in recent state political history. As recently as April, polls were showing Becerra — also a former member of Congress and California attorney general — languishing in single digits in a crowded field.
In his remarks at his watch party in Los Angeles, Becerra noted his underdog status.
“Here in Hollywood’s hometown, we love a good underdog success story,” he said, drawing parallels between his campaign and his immigrant parents’ success story in California. “Guess what? The underdog stayed in the fight. Like my parents, I never gave up. Never stopped putting one foot in front of the other. Never stopped believing in the beacon-like goodness of California. And thankfully, neither did you.”
Hilton is a former Fox News commentator who also served as a political adviser to former British Prime Minister David Cameron. He was endorsed by President Trump in April, helping him to pull ahead of Riverside County Sheriff Chad Bianco, the other major Republican in the race. Hilton has campaigned on the idea that California needs change after 16 years under total Democratic control.
The race is narrowing down after a tumultuous campaign
At his watch party in Huntington Beach, the British-born candidate — who became an American citizen five years ago — said it was the “honor of his lifetime” to receive over 1 million votes so far.
“Change is coming to California and it’s long overdue,” Hilton said. “We’re not there yet, but it’s looking good. It looks very much as if Californians really will have the chance to vote for change in November and take our state in a new direction.”
Democratic billionaire activist Steyer spent more than $213 million of his own money to boost his candidacy and push a progressive, populist message. While he was trailing Becerra and Hilton on Tuesday night, he said at his watch party in San Francisco that he remains confident he can close the gap in the days ahead.
“Together, we’ve scared the hell out of the corporate interests used to getting their way,” Steyer said. “It might take some time to figure out where this is going. We’re going to wait until every ballot is counted. We’re gonna give democracy a time to work. And we know we finished really strong.”
The early results are not certain to hold, in part because of unusual voting patterns in this primary election: Ballot-tracking data heading into Tuesday evening showed that Republicans were more likely to vote early by mail, while Democratic voters in this deep-blue state held onto their mail-in ballots or chose to vote in person. That’s the reverse of recent elections, which saw more Democrats voting by mail and Republicans tending to vote in person on Election Day.
The uncertainty on election night capped a race that remained crowded and unsettled to the end. To some extent, the race was defined by who wasn’t running.
Some of the state’s most high-profile Democrats — former Vice President Kamala Harris, U.S. Sen. Alex Padilla and California Attorney General Rob Bonta — all passed on a potential bid to succeed Newsom.
The race was disrupted in April when then-U.S. Rep. Eric Swalwell’s campaign for governor imploded amid allegations of sexual assault and harassment. Swalwell resigned from Congress shortly after the accusations surfaced and has denied assault allegations.
Swalwell had been gaining in polls and racking up high-profile endorsements, and his exit seemed to primarily benefit Becerra, who had been stuck in single digits in many polls. Ultimately, it quieted fears among Democrats who worried that the messy Democratic field could result in Bianco and Hilton winning the top spots in the June primary.
Marisa Lagos covers California politics at KQED and co-hosts the Political Breakdown show and podcast.
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Supreme Court reinstates Republican-favored Alabama congressional districts
The U.S. Supreme Court
Tasos Katopodis/Getty Images
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The Supreme Court on Tuesday cleared the way for Alabama to use a congressional district map favored by Republicans.
The court, in an unsigned order, overturned a three-judge district court panel that found that the map is “tainted by intentional race-based discrimination.” The court’s three liberals publicly dissented.
The ruling means that Alabama’s 2026 midterm elections will feature six Republican-leaning districts and one Democratic-leaning one, as opposed to a map with only five safe Republican seats. Democrat Shomari Figures, who represents Alabama’s Second District, will likely lose his seat as a result of the high court’s ruling.
The story of Alabama’s congressional map is long and tortured. It began in 2021, when the state implemented a new map to account for population changes in the census. The map featured only one majority-black district out of seven, even though the state is more than one-quarter Black.
Voters immediately sued, claiming the map illegally diluted minority votes in violation of the Voting Rights Act and the Constitution. Lower court judges agreed, ruling that the state must draw a map with two districts where Black voters have a realistic chance of electing their candidate of choice. The Supreme Court more than once has ordered Alabama to draw a compliant map.
But the state has refused and instead continued to litigate the case. On Tuesday, that tactic paid off.
What changed? In April, the Supreme Court’s conservative supermajority all but gutted what remains of the Voting Rights Act, ruling that states cannot purposefully draw districts that are majority-minority.
Alabama then asked the high court to reinstate the state’s old map, under the theory that this new ruling meant that it was permissible to use a map with only one majority-Black district. In an unsigned, unexplained order in May, the high court essentially reversed its previous opinions, and allowed Alabama to use the old map for the upcoming midterm elections.
This set off a flurry of activity in Alabama. By the time the Supreme Court issued its May order, absentee balloting had already begun, using the court-drawn map. So Republican Governor Kay Ivey cancelled elections and scheduled a special primary for August for the affected congressional races.
The case, however, was not over.
In its ruling, the Supreme Court had ordered a lower court panel to continue evaluating Alabama’s map in light of its recent Voting Rights Act decision. And just 15 days after that order, the panel, composed of three Republican judges—two of them Trump appointees—concluded unanimously that even under the Supreme Court’s new standards, the plan for a single black district was “intentionally discriminatory.”
So, once again, Alabama returned to the Supreme Court, arguing that the map was partisan, not racially discriminatory. In short, that the Republican legislature simply drew the map to elect more Republicans. And that under the Supreme Court’s new interpretation of the Voting Rights Act, the GOP map should be allowed to stand.
The court’s conservative agreed, writing that the lower court “did not heed the presumption of legislative good faith.”
The court’s three liberals publicly dissented, castigating the conservative majority for failing to abide by its 2006 decision in the case of Purcell v. Gonzalez. That decision declared that courts should not change election rules too close to an election.
Justice Sonia Sotomayor, in her dissent, said the court “debases the democratic process” and “corrodes the rule of law by rewarding Alabama’s gamesmanship and outright defiance of court orders.”
Tuesday’s decision is the latest in a series of Supreme Court rulings that could well reshape the 2026 midterm elections, making it much harder for Democrats to prevail.
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Map: 3.7-Magnitude Earthquake Shakes the San Francisco Bay Area
Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown. The New York Times
A minor, 3.7-magnitude earthquake struck in the San Francisco Bay Area on Tuesday, according to the United States Geological Survey.
The temblor happened at 9:44 a.m. Pacific time about 4 miles southeast of Cloverdale, Calif., data from the agency shows.
U.S.G.S. data earlier reported that the magnitude was 3.6.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.
Aftershocks detected
Quakes and aftershocks within 100 miles
Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.
The New York Times When quakes and aftershocks occurred
Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Tuesday, June 2 at 12:59 p.m. Eastern. Aftershocks data is as of Tuesday, June 2 at 1:59 p.m. Eastern.
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