Has SCOTUS Replaced One Kind of Unbridled Discretion With Another in Second Amendment Cases?

Source: Reason
by Jacob Sullum

“Two years ago, New York Times columnist David French complains, the Supreme Court ‘created a jurisprudential mess that scrambled American gun laws’ by saying they must be ‘consistent with this Nation’s historical tradition of firearm regulation.’ Last week, French suggests, the Court drew back from the precipice when it upheld a federal law that disarms people who are subject to domestic violence restraining orders. That take is somewhat misleading, since all eight justices who voted to uphold that law plausibly claimed to be following the approach that the Court prescribed in the 2022 case New York State Rifle & Pistol Association v. Bruen. Yet French is by no means the only Second Amendment supporter who thinks that test is impractical.” (06/26/24)