After Bruen, Lower Courts Are Still Coming Up With ‘Creative’ Ways to Prolong the Inevitable

Resistance. We use this term in different senses when discussing lower court decisions. One, courts might resist the fact of the Bruen decision itself or they might read the decision in a manner that resists adopting the logical conclusions of the decision’s methodology.

Resistance can also manifest itself in a desultory or bad faith application of Bruen. For example, despite not citing a single piece of evidence or engaging in any meaningful analysis, a Texas district court refused to dismiss an indictment brought under 18 U.S.C.

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