The Dilemma of Relying on Historical Racist Gun Laws in Second Amendment Litigation

This week, the Supreme Court heard oral arguments in a Second Amendment case, United States v. Rahimi. This case asks whether the federal government can ban guns for people subject to domestic-violence restraining orders. In this episode, we break down the arguments in the case and explore the future of the Second Amendment. Clark Neily of the Cato Institute and Pepperdine Law Professor Jacob Charles join Jeffrey Rosen, president and CEO of the National Constitution Center, to discuss.  

Resources:

• United States v. Rahimi, Oral Argument (C-SPAN) 
• NY State Pistol and Rifle Assn. v Bruen (2021) 
• Judge Kavanaugh dissent, D.C. v. Heller (D.C. Cir. 2011) 
• Clark Neily, Brief in Support of Respondent, United States v. Rahimi  
• Jacob Charles (et al), Brief of Second Amendment Scholars in Support of Petitioner, United States v. Rahimi 

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