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Strict Scrutiny

The Supreme Court's Second Amendment Mess

Nov 13, 2023
01:12:01
Snipd AI
The hosts analyze United States v. Rahimi, a second amendment case, and the conservative shift in the Supreme Court's interpretation of the Second Amendment. They discuss Justice Jackson's arguments against the Bruin test and the connection between Chevron and the Second Amendment. They also delve into another Supreme Court case and an exchange on sovereign immunity, as well as oral arguments and stare decisis. Finally, they criticize the Fifth Circuit's reliance on Robert Bork and tease a special episode on Dobbs related cases.
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Podcast summary created with Snipd AI

Quick takeaways

  • Justice Kagan and Justice Jackson raised concerns about the potential erosion of gun regulations and the consequences of the court's interpretation of the Second Amendment, emphasizing the need to clarify and reconsider the Bruin test.
  • Solicitor General Prelogar highlighted the misinterpretation of the Bruin test by lower courts, leading to destabilizing consequences and invalidated regulations, and urged the court to correct the error.

Deep dives

The Court considers the implications of the Bruin test

During oral arguments, Justice Kagan and Justice Jackson challenged the methodology and implications of the Bruin test, emphasizing the difficulty in determining the level of generality in historical analogies. They expressed concern over the potential erosion of gun regulations and the consequences of the court's interpretation of the Second Amendment. Justice Kagan questioned the applicability of the historical framing in modern legislation, while Justice Jackson raised concerns about the selective culling of history. Both justices emphasized that the court should clarify and reconsider the Bruin test to avoid chaos and disastrous implications.

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