Divided Argument Felony-Adjacent
Jun 26, 2024
The podcast discusses Supreme Court cases on gun laws and jury sentencing, with insights on separate opinions, tiers of scrutiny in constitutional interpretation, post-enactment history, and the debate between concurrent and consecutive sentences. It also touches on Justice Ginsburg's rulings, tax system concerns, feedback on podcast content, and academic funding impact.
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Analogical Reasoning in Bruin
- The Supreme Court clarified the Bruin decision's analogical reasoning.
- Courts shouldn't be too strict when finding historical parallels to gun laws, focusing on underlying principles instead.
Historical Gun Law Sureties
- Historical sureties in gun laws involved financial penalties for misuse.
- This differs from modern approaches, raising questions about direct applicability.
Unexpected Citations
- The Supreme Court cited lesser -known scholars like Saul Levmore and Darryl Levinson.
- This was unexpected and noteworthy in the Rahimi case's discussion of sureties.