Daily Bulletin: Guns and the Court After RBG

Daily Bulletin: Guns and the Court After RBG

[mpi34/MediaPunch /IPX] Receive this daily news briefing by email every morning. Sign up here. WHAT TO KNOW TODAY Guns and the Court after RBG. Her vacancy leaves an already right-leaning court with a five-to-three conservative majority. From abortion to voting rights, it’s difficult to overstate the impact of Ginsburg’s passing on American jurisprudence. Second Amendment law, too, could change dramatically. A thunderbolt, then mostly silence: The Supreme Court upended centuries of precedent when it ruled 12 years ago in District of Columbia v. Heller that the Constitution establishes an individual right to bear arms, subject to some common-sense restrictions. In the decade-plus since, advocates for further expanding gun rights have been frustrated with the Court’s unwillingness to hear more challenges to state and local gun laws, and Ginsburg was a part of that resistance. But pro-gun litigators have increasingly pressed the high court to take their cases; in this past term alone, the Supreme Court denied 10 Second Amendment petitions . Two questions arise . Will RBG’s successor be more willing to hear gun cases? And if so, how will she or he rule? It’s not clear whether President Trump will succeed in installing a conservative justice. But if he does, that person will undoubtedly be inclined to expand Second Amendment rights. Trump’s rumored top pick, Amy Coney Barrett of the Court of Appeals for the Seventh Circuit, has been critical of universally banning felons from owning firearms, indicating a very expansive view of gun rights. Duke law scholar […]

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