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Live from the Aspen Ideas Festival: 2022-23 Supreme Court Review
We the People
The Difference Between the Text and History of the Second Amendment
Neil Clark: Justice Thomas has caught between the text and history. He's saying, because the text is clear, we don't have to look at the messy history, he says. It's a version of the argument that he made in the independent state legislature case; it suggests no one ever expected to exclude state courts. The court just recently struck down New York's concealed carry laws with a test where you have to find a historical analog for gun control regulation to support it.
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