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February 8, 2023
After recent wave of notable rulings, a wave of new Second Amendment commentary
When the Supreme Court's landmark ruling in Bruen recast the Second Amendment entirely around "the Nation’s historical tradition of firearm regulation," I had an inkling that a new originalist jurisprudence might prove quite disruptive to a number of federal criminal laws (see post-Bruen posts here and here). With recent notable rulings finding unconstitutional the gun possession prohibitions in § 922(g)(3) and § 922(g)(8), I have seen a number of new commentaries discussing Second Amendment jurisprudence after Bruen:
From Law & Liberty, "Implementing Bruen"
From Salon, "Phony constitutional 'originalism' is likely to kill women after Second Amendment decision"
From Slate, "Brett Kavanaugh May Have Quietly Sabotaged Clarence Thomas’ Extreme Gun Ruling"
From The Trace, "Bruen Takes Gun Law Back to a Time Before ‘Domestic Violence’"
From the Washington Examiner, "Reefer madness: Second Amendment gun rights shouldn’t go to pot"
Also, the latest episode of one of my favorite the legal podcasts, Advisory Opinions, takes a deep dive into modern Second Amendment jurisprudence in this pod titled "The Problem With 'History and Tradition'."
February 8, 2023 at 10:03 AM | Permalink