Rachel Barkow, a Professor of Law at NYU School of Law, discusses the Supreme Court's decisions on gun regulations and the United States versus Rahimi case. She highlights the court's inconsistent treatment of the right to bear arms compared to other constitutional rights.
The Supreme Court's interpretation of the Second Amendment has limited the ability to implement gun control measures, making it challenging to address gun violence.
The court's heavy reliance on historical analysis in Second Amendment cases may undermine future gun regulations.
Deep dives
Expansion of Second Amendment Rights
The podcast discusses how the Supreme Court's decisions in the Heller and Bruin cases have expanded the scope of the Second Amendment rights and limited the ability of voters to implement gun control measures. The majority on the court, influenced by the National Rifle Association, has interpreted the Second Amendment to protect an individual's right to bear arms, even in public. This has made it increasingly difficult for sensible gun regulations to survive legal review, undermining efforts to address the issue of gun violence.
The Challenge of Domestic Violence Laws
The podcast focuses on the case of United States versus Rahimi, which involves a challenge to a federal law that prevents people subject to domestic violence restraining orders from possessing firearms. The court's framework for deciding Second Amendment cases relies heavily on the historical record from the 18th century, which critics argue is flawed and inadequate in addressing the realities of today. The outcome of the case will depend on whether the court agrees with the Fifth Circuit's view that the historical evidence supporting the domestic violence law is insufficient. While there are some indications that the law may be upheld, the podcast raises concerns about the court's narrow focus on historical analysis and the potential implications for future gun regulations.
Rachel Barkow is the Charles Seligson Professor of Law at NYU School of Law, where she focuses on issues of criminal justice and prison reform. For a transcript of Rachel’s note, as well as the full archive of contributor notes, head to CAFE.com.
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