Who among us is not eagerly awaiting the September 16 publication of the annual Cato Supreme Court Review? Among the articles I look forward to reading are the VC's Ilya Somin on the vaccine mandate cases and Jonathan Adler on West Virginia v. E.P.A. If you want to read about the Supreme Court's blockbuster decision on the Second Amendment, wait no longer. My Cato article Restoring the right to bear arms: New York State Rifle and Pistol Association v. Bruen is now available on SSRN.com.
Parts I and II of the article summarize the background to Bruen. After the Supreme Court decided United v. States v. Miller in 1939, rejecting a bootlegger's a facial challenge to a federal tax and registration system for sawed-off shotguns, the Court mostly ignored the Second Amendment in the succeeding decades. While several opinions mentioned the right to keep and bear arms in passing, and treated it as a normal constitutional right, the Court took no cases on the matter.
