Hardly a day or a week goes by without another mass shooting. But the opinion authored by Thomas (and joined by the other five extreme right-wing justices) in New York Rifle and Pistol Association v. Bruen (2022) has made most commons (sic) sense gun control regulations illegal and will lead to more people being killed and maimed by … Read more
“[I]n requiring courts to strike down gun regulations even when they might be narrowly tailored to accomplish the most compelling of governmental interests,” Professor Khiara Bridges argues, Bruen “has rendered the right to bear arms the most protected of rights in the Constitution.” The Court’s hidebound historicism in the case significantly expands the Second Amendment’s … Read more
When proposing the Fourteenth Amendment to Congress in 1866, Senator Jacob Howard referred to “the personal rights guaranteed and secured by the first eight amendments of the Constitution; such as freedom of speech and of the press; … the right to keep and bear arms….” He averred that “the great object” of the amendment … Read more
Do not call this band of reckless revisionists on the court conservatives, by the way. Nothing about what they are doing is “conservative,” nor should you call them “strict constructionalists” or “originalists,” as their decisions disregard legal precedent, the spirit of the Constitution, and often craft citations for their decisions from whole cloth. One recent … Read more
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