“Since McDonald, the Supreme Court has studiously avoided clarifying the scope of the individual right to keep and bear arms,” Bernstein said in an email. “This led to a fair amount of confusion/inconsistency in the lower courts, but also in some courts basically limiting McDonald and Heller strictly to their facts (i.e., virtually absolute bans on private ownership), which seems to me unjustified.”
[David] Bernstein also noted the legal playing field is likely to get less friendly as President-elect Joe Biden takes office. “Biden will soon be picking judges,” he said. “So, for a while, they aren’t going to have more sympathetic lower federal courts than they have right now.”
The Second Amendment Foundation alone has 40 cases in the courts as of Friday. [Alan] Gottlieb said he wants to present the Court with “a cafeteria plate of cases” to increase the likelihood at least one issue gets through. He and [Adam] Kraut of the Firearms Policy Coalition both said they want to win each case on the merits but are also hoping to get the Court to establish precedents on the legal standard lower courts should use to examine future gun cases.
— Stephen Gutowski in Gun Lawsuits Flood in After Barrett Supreme Court Confirmation