6min chapter

The Lawfare Podcast cover image

Dissecting the Oral Arguments in Moore v. Harper

The Lawfare Podcast

CHAPTER

How Does the Originalist Perspective Fit Into the Second Amendment Case in Bruin?

Originalist angle is going to fit into this case and particularly this effort that some justices seem inclined to pursue of craft down to more middle ground. My instinct is it's not going to end up quite the major statements like in Bruin. For this reason, I don't see Justice Kavanaugh and the chief fully on board with the originalist project in this context. It seems hard to constitutionalize a new standard based on the nature of the way courts worked over 200 years ago.

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