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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…

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Burton and Derfner: The Supreme Court’s Radical Turn in Favor or Gun Rights Endangers ‘The Security of a Free State’

In the late 20th century, however, a new Supreme Court took a radical turn. Starting in 1995, a 5-4 majority suddenly threw out all or parts of three modest federal laws in five years: the…



Heller and Beyond: The Gun Rights Movement’s Decades-Long Effort to Redefine the Terms of the Second Amendment

  Despite Scalia’s professed methodology, we can also understand his opinion for the majority [in D.C. v. Heller] as an example of the modern understanding of the right to keep and bear arms, itself heavily…


Why We Need the Supreme Court Back in the Second Amendment Business

Courtesy Matt Laur By Miguel A. Faria, MD Some readers were surprised to learn from my previous article on this subject that the Supreme Court of the United States has not made it clear that…


Another Trump SCOTUS Nominee Could Make the Difference for the Second Amendment

Courtesy Jeff Hulbert Hope springs eternal. If President Trump and Senate Republicans succeed in pushing through a replacement with the election looming, they will tilt the Supreme Court further to the right for years to…


The Supreme Court Fiddles While the Second Amendment Burns – Part 2

Bigstock [ED: This is the second in a three-part series. Click here to read Part 1] By John Velleco The first article in this three-part series recounted the U.S. Supreme Court’s recent, and deeply disappointing,…


Blackman: The Second Amendment is Now Up to the Fifth Circuit Now

Supreme Court Chief Justice John G. Roberts Jr. (Jabin Botsford/The Washington Post via AP, Pool) And so it continues. Twelve years after Heller, we are in the exact same place. The government cannot ban the possession…