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« Very impressive presentation! | Main | Right to arms -- in Taiwan »

Steve Halbrook discussing Bruen

Posted by David Hardy · 23 July 2022 11:31 AM

Video here. I think the impact of the decision is still sinking in. Balancing tests are out the window. Stop debating strict scrutiny vs. intermediate review. The only question is what did the American people understand they were doing when they ratified the Second Amendment, and the Fourteenth Amendment.

At least one court appreciates that it's a new world out there. How do you reconcile an AW and magazine ban with the understanding of Americans in 1791 and 1868? Americans at either date would have been laying hands on an AR-15 and asking why they couldn't get an M-4 instead.

6 Comments | Leave a comment

Kansas Gunner | July 23, 2022 8:30 PM | Reply

I think one of the unnoticed pieces of fallout of the Bruen decision will be the death of levels of scrutiny for all enumerated rights. Justice Thomas' reasoning can be readily seen as extending all of the bill of rights but so many people are too busy reeeing to see how powerful a tool that has been handed to the people to seize back their rights from an overreaching government.

Old Guy | July 24, 2022 10:13 AM | Reply

the left will be dragged kicking and screaming. They already are saying we will ignore the court. Sort of like the quote about the pope; how many armies does he have. Well we will find out how many.

Affe | July 25, 2022 5:51 AM | Reply

Can see a court saying the American people could not have foreseen ARs, fax machines, the internet etc and this boomeranging into more regs on enumerated rights.

Fyooz | July 27, 2022 6:22 AM | Reply

#EveryTerribleImplementOftheSoldier

Carl from Chicago | July 29, 2022 1:40 PM | Reply

@Affe:
I could see a court saying that such an argument would border on the frivolous.

pkoning | August 2, 2022 7:08 AM | Reply

For "scrutiny" to die would be a VERY good outcome. After all, it's a judicial invention for which no trace of justification can be found anywhere in the Constitution.

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