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Rooks: A shadow over Maine Legislature’s gun debate

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Rooks: A shadow over Maine Legislature’s gun debate


There’s no question the Maine Legislature will begin the 2024 session in a tough place.

The majority in both chambers have longstanding disagreements with their fellow Democrat, Gov. Janet Mills, over a number of issues, including firearms safety.

The Lewiston massacre on Oct. 25 demands a state response, but what that response should be is uncertain, and will be further shaped by what can actually become law. To their credit, both Mills and legislative leaders have proceeded cautiously.

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One point they should be able to agree on is that the U.S. Supreme Court’s confusing edicts about firearms shouldn’t influence the laws they write.

Only in the grievous Dobbs decision on abortion has the court acted so rashly and so out of keeping with the history and traditions of the Constitution, and the common law.

Clarence Thomas’s majority opinion in the 2022 Bruen decision hasn’t elicited the same outrage as Samuel Alito’s historical misstatements in Dobbs, yet it’s equally unfortunate.

Thomas’s poor grasp of precedent and tradition is captured in Bruen’s most noteworthy assertion: “Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’”

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This “unqualified command” exists only in Thomas’s mind, not in any convincing reading of the Constitution.

For more than 200 years, federal courts understood the Second Amendment to buttress the common defense – not individual ownership of firearms. That changed with the late Justice Antonin Scalia’s opinion in the Heller case in 2008 striking down the District of Columbia’s handgun ban.

Banning guns of any sort has become contested in a way it never was until the 21st century.

Gun ownership was once defended in connection with hunting — certainly the case in Maine — and not primarily owning a gun for “protection.”

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Yet the connection with guns and “feeling safe” has been pursued with such extraordinary avidity it’s been seriously proposed, and even legislated in some states, that the “solution” to elementary school students being massacred is to arm and train their teachers.

So with an increasing conservative tilt, the court reached the point in 2008 where Scalia — more respected than Thomas or Alito — decided a comprehensive, not especially effective handgun ban in the nation’s capital had to go.

To do so he could not call on precedent. So he made up a new constitutional principle by ignoring the Second Amendment’s militia clause and focusing solely on “keep and bear arms.”

At the time, it didn’t seem monumental. Few states or cities tried to ban handguns.

Then came Bruen, and, constitutionally, all hell has broken loose. Federal appeals courts have struck down all manner of firearms laws in response.

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It turns out the “nation’s historical traditions,” as twisted by the conservative majority, isn’t a helpful guide.

Recognizing the chaos, the Supreme Court itself seems ready to limit the damage. In the Rahimi case currently before the court, oral arguments showed a majority, perhaps even a unanimous court, inclined to uphold laws removing firearms following domestic violence offenses.

How the court proceeds afterward is unknowable. Unlike the D.C. handgun ban, New York state’s concealed weapons permit system struck down in Bruen was similar to laws in most states — including Maine at one time.

Maine’s permit system was repealed in 2015 when Democrats, who’d pushed for a uniform system run by State Police, abandoned the effort and agreed to scuttle the entire law.

The only real advice one can offer Maine leaders, of both parties and all three branches of government — a former chief justice is leading the Lewiston investigation — is to do what’s right for Maine, without worrying about what might happen in court.

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We’ve traveled a long way from when federal legislation limited access to firearms, as in 1968 after the assassinations of a president, his brother, and the 20th century’s greatest civil rights leader.

Much of that journey has been in the wrong direction.

Changing course won’t happen through any single action, or any position taken by an elected leader, though the declaration of conscience by Congressman Jared Golden could help point the way.

Lyndon Johnson, whose great legacy in domestic legislation was forever tarnished by the Vietnam War, isn’t the first Democrat who comes to mind when the word “statesman” is mentioned.

Yet Johnson had one undeniable insight that could serve Maine well.

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In his earlier days as Senate leader, cooperating extensively with Republican President Dwight Eisenhower, Johnson often led with a verse from Isaiah: “Come, let us reason together.”

Responding to the Lewiston tragedies will be the work of years, but reasoning together is an excellent place to start.

Douglas Rooks has been a Maine editor, columnist and reporter since 1984. His new book, “Calm Command: U.S. Chief Justice Melville Fuller in His Times, 1888-1910,” is available in bookstores and from Maine Authors Publishing. He welcomes comment at drooks@tds.net



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Maine

Independence Day from the state capital

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Independence Day from the state capital


AUGUSTA, Maine (WABI) – Maine’s capital city hosted its annual July 4th celebration starting with a parade through the city. Thousands of people lined the route.

Beginning at the State House, the parade made its way through the streets, ending at Old Fort Western. The parade featured superheroes, go-karts, and dance routines.

For some, the yearly celebration has been a tradition for as long as they can remember.

“I’ve been coming since, gosh, I think I was two years old with my grandparents and my nana and papa, and every year, it’s just a little more exciting, and I get to see a lot of my friends who get to participate, and it’s nice to be able to celebrate all together and be able to see them,” said paradegoer Lisa Bittus.

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After crossing the Calumet Bridge, those in the parade and all of the viewers got to take in some American and Maine history before Augusta Mayor Mark O’Brien, decked out in colonial clothing, read the Declaration of Independence.

“I really enjoy just going back into history and just refreshing what the importance of Independence Day, especially in Augusta, is all about, and then a lot of the local organizations that come out to Augusta for the Mill Park events are close and near and dear to my heart,” said Bittus.

There was plenty of fun to be had for the folks in the parade as well.

Chase Rucker played in the parade band with his Grandfather Dan Cote. Rucker also volunteers at the fort, which he finds to be a special spot.

“People here are wonderful, and they always get a really good job done,” stated Rucker.

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“There’s no doubt about that. We started at about eight o’clock. We were here about that time, and we just kind of hung out, waited for the ride to get to the State House, and watched everybody do their thing. It was a great time,” added Cote.

Thousands of people and dozens of organizations represented throughout the parade all came together to celebrate the 4th of July.

“The city together is a big community, and they all come together to support each other and just remember our freedom and why we’re here. Without Independence Day, we wouldn’t be standing here,” concluded Bittus.

After the parade, Mill Park in Augusta hosted food trucks, live music, and activities. A fireworks display is set for 9 this evening.

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Mills reaffirms support for Biden, asks him to reassure Mainers • Maine Morning Star

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Mills reaffirms support for Biden, asks him to reassure Mainers • Maine Morning Star


Maine Gov. Janet Mills joined other Democratic governors in a conversation with President Joe Biden on Wednesday night as part of a White House effort to shore up support for Biden after his widely critiqued performance in the first presidential debate. 

Mills wrote in a statement to Maine Morning Star that the debate was difficult to watch, but affirmed that she will continue to back Biden after the conversation, which she participated in remotely from Maine.  

“The president made clear to me and the rest of the governors that he was in it to win it and that he would be making his case to the American people – and I believe him,” Mills wrote. “Over the next several months, and especially in the coming days, I look forward to the president demonstrating to the American people the same heart, determination, and vigor that he brought to our conversation this evening – qualities that I have come to know well in my time with him over the years.”

During the debate on June 27, Mills told Maine Morning Star that democracy is at stake in the November presidential election, as well as common sense and civility in the White House, which she said she had not seen from former President Donald Trump during the debate. Rather, the governor criticized Trump for deploying what she called mudslinging, name calling and “just so many fibs.” 

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Reiterating this contrast in the statement Wednesday, Mills added that Biden had a record of accomplishment for Maine people, as opposed to “the chaos and ineptitude that Donald Trump would rain down on the American people.”

Reacting to debate, Gov. Mills outlines what’s at stake for Maine in presidential election

However, Mills wrote that she told Biden the debate was difficult to watch and that some Mainers shared concerns with her about his campaign, specifically anxiety over whether he could win. Mills also conveyed to Biden “that it would be good for him to reassure the voters of Maine, just as he was reassuring us,” she wrote. 

Writing that the conversation was candid and constructive, Mills added, “I told him that I cared deeply about him, that I believe he has been an excellent leader for our country, and that I support him.”

In the week since the debate, Democrats have raised concerns about Biden’s performance. On Tuesday, Texas U.S. Rep. Lloyd Doggett called for Biden to withdraw as the Democratic nominee, becoming the first congressional Democrat to do so.

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Amid speculation about Biden’s future as the Democratic nominee, the White House has said Biden is “absolutely not” stepping down.  

The Maine Democratic Party has also continued to show its support for the president. In a statement on Tuesday, the state party contrasted the candidates’ records on a range of issues.

“Unlike Donald Trump, President Joe Biden has delivered for Mainers by lowering costs for Maine families, creating more than 44,000 good paying jobs, investing $2.5 billion to strengthen our infrastructure, and expanding Mainers’ access to affordable health care,” the statement read. 

The Maine Democratic Party is also of the belief that “the only way to defeat Donald Trump and his plans to ban abortion nationwide including here in Maine, gut access to affordable health care, and destroy our democracy is to reelect Joe Biden this November.”

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Here's Your Sign to Spend the 4th at Old Orchard Beach, Maine

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Here's Your Sign to Spend the 4th at Old Orchard Beach, Maine


Old Orchard Beach might have one of the best full days planned for Mainers looking to celebrate the Fourth of July. Beautiful beaches, free concert, and of course, FIREWORKS!

195th Maine Army National Guard Band to Perform a Free Show

The 195th Maine Army National Guard Band is performing a FREE concert on the 4th of July. It will take place at Old Orchard Beach as a part of their summer concert series at the Seaside Pavilion.

National Guard Band

195th Army National Guard Band

This is a free concert, and no tickets are required for admission. What better way to celebrate America’s birthday with a free concert put on by some of our heroes playing America’s favorite music (along with a few other reported surprises).

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195th Maine Army National Guard Band

195th Maine Army National Guard Band

Seaside Pavilion is Walking Distance from Maine Beaches

Seaside Pavilion is less than a mile away from the very popular Old Orchard Pier. Regardless of where you live in Maine, spending the day at the beach at Old Orchard Beach and then capping it off with a free concert by the 195th Army National Guard Band sounds like a special experience for the entire family.

Old Orchard Beach

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There is a slight chance of rain for Thursday’s 4th of July forecast at Old Orchard Beach, but the optimist in me says that just means there is also a chance for amazing weather for the 4th of July.

Fireworks Will Happen at 9:45pm Near the Old Orchard Pier in Maine

Palace Playground

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After the free concert by the 195th Maine Army National Guard Band at 7pm, there will be a firework show less than a mile away at 9:45pm. It will take place near the Old Orchard Pier in front of Palace Playground. If you don’t have plans for the family this 4th of July, this sounds like it could be an incredible way to celebrate America!

2024 Bangor, Maine Waterfront Summer Concert Lineup

Here are the performers who will be coming to the Maine Savings Amphitheater on the Bangor Waterfront in the summer of 2024.

Gallery Credit: Jordan Verge

Maine People Surprised Us With Their Favorite Ice Cream Flavors

Based on answers to a Facebook poll, here are Maine’s favorite ice cream flavors.

Gallery Credit: Cindy Campbell

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