In a new blog post, CCL President Robert S. Peck both critiques the Supreme Court's new approach to historical practice as the basis for constitutional analysis, showing the illogical uses that lower courts have now adopted.
In its end of term decision in N.Y. State Rifle and Pistol Association v. Bruen, the Supreme Court struck down a 1915 NY gun regulation law as inconsistent with historic traditions. Although the Supreme Court recognized that regulations could be imposed for "sensitive areas," some lower courts have now struck down other regulations because historic traditions were not evident that would allow restrictions based on being under 21, past criminal activity, or even at summer camps, which did not exist at the time the Second Amendment was ratified.
The blog post advises appellate advocates about framing arguments in this new world of constitutional analysis. The post can be found at New World.
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