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SCOTUS Gun Watch – Week of 9/21/20

Posted by on September 21, 2020

Next week, the Supreme Court begins its work of the new Term one member short. Justice Ginsburg’s death leaves the Court with 8 justices as it considers the cert petitions that have accumulated over the summer recess at its Tuesday conference. What happens with that open seat—and when it gets filled—may have an immense impact […]

Heller’s Certitude

Posted by on September 18, 2020

This week, Joseph and I taught the Heller case in our Second Amendment seminar. That case is complex, and the history is deeply contested by Justice Scalia and Justice Stevens. I’ve read a good chunk of the original sources they debate and many more of the historians whose work they invoke to support their respective […]

Amicus Brief Trends in Second Amendment Cases at the Supreme Court

Posted by on September 10, 2020

The other day I was reading a fascinating new paper by Center faculty affiliate Kristin Goss and her co-author, Matt Lacombe, Do Courts Change Politics? Heller and the Limits of Policy Feedback Effects. One of the things they said got me thinking about the trendline of amicus briefing in the three Second Amendment cases that […]

SCOTUS Gun Watch – Week of 8/31/20

Posted by on August 31, 2020

As August comes to end, we get that much closer to a new Supreme Court term. In less than a month, the Court will meet for its Long Conference to discuss the accumulating pile of cert petitions. Several firearms law and Second Amendment petitions will be there. Based on the Court’s actions last term, it […]

SCOTUS Gun Watch – Week of 8/17/20

Posted by on August 17, 2020

With the Supreme Court in summer recess for another month and a half, more gun cases are piling up for the Court’s discussion at its Long Conference in September. Since the Court denied all the pending Second Amendment cert petitions last Term, a gun case that’s not squarely a Second Amendment challenge—like many of those […]

SCOTUS Gun Watch – Week of 7/13/20

Posted by on July 13, 2020

With the issuance of its final opinions last week, the Supreme Court has wrapped up OT 2019. The Term began last October with an optimistic gun-rights community. The Court had granted review in a Second Amendment case for the first time since 2016, and was poised to hear arguments in such a case for the […]

Benefits, Burdens, and Fundamental Rights: The Chief Justice in June Medical and Thoughts on the Second Amendment

Posted by on July 1, 2020

On Monday, the Supreme Court issued its long-awaited decision in June Medical Services v. Russo. Five justices voted to strike down a Louisiana law requiring doctors who perform abortions to have admitting privileges at a hospital within 30 miles. But while Chief Justice Roberts was one of these votes, he did not join the opinion […]

SCOTUS Gun Watch – Week of 6/29/20

Posted by on June 29, 2020

A few weeks ago, the Court denied all the pending Second Amendment cert petitions. I dove into Justice Thomas’s dissent from the decision in one of those cases and what we can next expect from the Court here. Since the Court is nearing the end of its current Term, we won’t hear more news for […]

Bostock, Textualism and the Meaning of “Bear Arms”

Posted by on June 23, 2020

This week, in Bostock v. Clayton County, the Supreme Court held 6-3 that discrimination “because of sex” in Title VII of the Civil Rights Act of 1964 includes discrimination against gays, lesbians, bisexuals and transgender persons.  The decision was a huge victory for LGBTQ equality, but I want to discuss its implications for Second Amendment […]

A Court in Denial

Posted by on June 19, 2020

Justice Brett Kavanaugh joined the Supreme Court in October 2018, taking over the seat from retiring Justice Anthony Kennedy. In January 2019, after nearly a decade of declining to hear a Second Amendment case, the Court granted review in New York State Rifle & Pistol Association v. City of New York. Many observers—myself certainly included—thought […]