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The Latest Breaking News from Heller

The Limits of Bruen

The Constitutionality of "Shall Issue" Regimes After Bruen.

Bruen's Originalist Analogical Reasoning Applies A Presumption of Liberty

A new framework for originalist judging.

Bruen Bids Farewell To The Two-Step Test

The Court abrogated a decade of circuit court precedent, and vitiated mountains of Second Amendment scholarship.

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SCOTUS Rejects 'Interest-Balancing' Tests That Treated the Second Amendment As a 'Constitutional Orphan'

The ruling against New York's carry permit policy is a rebuke to courts that routinely rubber-stamp gun restrictions.

How Should Courts Evaluate Gun Regulations After Bruen?

There's much to be said and debated about the N.Y. State Rifle & Pistol Ass'n v. Bruen opinions, and who got it right. But for now, I want to turn to the practical question: What does Bruen mean for gun laws going forward? Here is my very tentative summary of…

How the Supreme Court went gun crazy

Antonin Scalia and his disciple Amy Coney Barrett have brought us to madness — and not just on guns and abortion

A Scalia Clerk and A Stevens Clerk from OT 2007 Talk About Heller

"We think it’s clear that every member of the court on which we clerked joined an opinion — either majority or dissent — that agreed that the Constitution leaves elected officials an array of policy options when it comes to gun regulation"

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Political realities have stopped legislative action after school shootings

Political realities have stopped legislative action after school shootings

The political climate has changed drastically since a 10-year assault weapons ban passed in 1994. The lack of political will and other barriers stand in the way of it even coming to a vote today.

Jackie Calmes: Buffalo, Laguna Woods and the Supreme Court's radical revision of US history

Talk about a sad coincidence.

Los Angeles Times

Justice Kavanaugh Is Not Going To Lay A Hand On Employment Division v. Smith

Kavanuagh's concerns about the "compelling interest" test in RLUIPA do not bode well from him restoring that test to Free Exercise Clause jurisprudence.

R.I. Stun Gun Ban Struck Down

The case is O'Neil v. Neronha, decided today by Judge William E. Smith (D.R.I.); Judge Smith expresses his disapproval of D.C. v. Heller (pp. 9-10 n.7), but applies it to hold that the stun gun ban is unconstitutional. Congratulations to lawyers Alan Beck, Stephen Stamboulieh, and Frank Saccoccio on the…

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