Charles: The DOJ Has a Tough Row to Hoe in Defending Gun Bans for Marijuana Users

In defending this law, the government will likely argue that unlawful drug users are categorically more dangerous with access to firearms than ordinary citizens. Maybe. But it seems like it could be an uphill battle for the government to show that Patrick Daniels’ regular marijuana ingestion makes him appreciably more dangerous than a person who … Read more

Charles: Bruen Is Part of the Supreme Court’s Attempt to Concentrate its Own Power

“[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

Greenlee: Americans Shouldn’t Have to Prove They Have the Right to Keep and Bear Arms

  Professor [Jake] Charles mistakenly asserts that “[text, history, and tradition] and arguments like those about self-made guns imply that government always regulates to the outer limits of its power.” To the contrary, THT analyzes centuries of history to see how many governments (local, state, or federal) ever extended their power during that time to the … Read more