The Latest Breaking News from Salerno

Justice Kagan ponders at great length about whether there can be an as-applied challenge based on the Equal Protection Clause.

Under Salerno test, ban held not to be invalid in all circumstances.

Why did Lopez, who was paid $40 to bring a gun to a school, succeed on a facial challenge, but the Court wouldn't even consider Rahimi's circumstances?

Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…