The Supreme Court is about to confront its most embarrassing decision
Key Points:
- Many judges have openly criticized the Supreme Court's 2022 Bruen decision for providing unclear guidance on Second Amendment cases, causing confusion and extra work in lower courts.
- Bruen requires modern gun laws to be justified by historical analogues from the founding era, but courts struggle to determine how closely current laws must match centuries-old regulations.
- The upcoming Wolford v. Lopez case challenges a Hawaii law restricting carrying guns on private property without permission, which resembles colonial-era laws that Bruen’s framework might uphold.
- Bruen’s vague historical test allows justices to reach politically motivated decisions, as seen in Rahimi (2024), where justices disagreed on whether a modern gun restriction matched historical precedents.
- Studies suggest Bruen has