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November 20, 2023

After Rahimi(?): mapping out the next big Second Amendment cases

After the Supreme Court in Heller in 2008 (and McDonald in 2010) first established an enforceable individual Second Amendment right, we all had to wait another dozen years until the Supreme Court in Bruen explained more fully how that right is supposed to be applied.   But, perhaps unsurprisingly, with the more individual-right-friendly Second Amendment standard created by Bruen leading to more individuals prevailing on Second Amendment claims in federal criminal cases, it now seems quite likely that the Justices will be taking up a number of Second Amendment gun cases in the coming Terms.  Of course, the Court already has the notable Rahimi case pending, but a few recent major articles from major papers are already flagging what might be the next big Second Amendment cases.  Consider:

From the New York Times: "The Supreme Court’s Search for a More Attractive Gun Rights Case"

    Subhead: "The next big Second Amendment case, after one on domestic violence, could be about whether the government can disarm a man who lied to get food stamps."

From USA Today, "This man fudged his income to put his family on food stamps. Should he be denied a gun?"

    Subhead: "Second Amendment appeals are arriving at a moment of uncertainty over just how far the Supreme Court's conservative majority is willing to go to roll over gun laws."

Of course, regular readers know these issues have been percolating in lower courts in the roughly 17 months since the Bruen ruling. Indeed, as spelled out in the posts below, I have been flagging these issues since the hours after Bruen was handed down:

November 20, 2023 at 05:44 PM | Permalink


Where is the commerce clause power to disqualify people based on state convictions or ex parte domestic restraining orders?

Posted by: federalist | Nov 21, 2023 10:38:48 AM

federalist, SCOTUS held in Raich that there is no commerce clause limit on criminalizing people for growing a plant in their own yard for their own consumption (consistent with state law). I do not think you are getting anywhere on your suggested commerce claim limitations on manufactured gun possession until the Justices reverse Raich's approval of federal criminalization of home-grown plants.

Posted by: Doug B | Nov 21, 2023 11:05:21 AM

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