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Text and history, not history and tradition

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation. It is widely believed that the Supreme Court adjudicates Second Amendment claims using ...
J. Joel Alicea, "Bruen Was Right," 174 U. Pa. L. Rev. (forthcoming 2025), sets forth a comprehensive defense of the text-history approach and rejection of means-scrutiny set forth in Justice Clarance ...
A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation. Please note that the views of outside contributors do not reflect the official opinions ...
If you’ve followed coverage of the Supreme Court’s 2025-26 term over the past few months, you’d likely say this term’s theme is executive power. The court already has added three major cases on the ...
The Justice Department's litigation positions are at odds with its avowed intent to protect Second Amendment rights.
On February 6, the Fifth Circuit decided United States v. Peterson, holding that noise suppressors (aka silencers or mufflers) are not protected by the Second Amendment. Written by Chief Judge ...
An appeals court had struck down a Minnesota law that applied to 18- to 20-year olds, saying it violated a new Second Amendment test focusing on history. By Adam Liptak Reporting from Washington The ...
Conservative judges have come to opposite conclusions on what the Second Amendment has to say about limiting the gun rights of those under 21. By Adam Liptak Reporting from Washington The next big ...