Is the Bruen Test Binding Law? Part II

Authors

Randy J. Kozel, Notre Dame Law SchoolFollow

Document Type

Blog Post

Publication Date

12-15-2023

Publication Information

Second Thoughts Blog (Dec. 15, 2023), https://firearmslaw.duke.edu/2023/12/is-the-bruen-test-binding-law-part-ii

Abstract

The author's previous post argued that we shouldn’t take for granted that the interpretive protocol embedded within a Supreme Court decision exerts binding force in future cases. That position has implications for how courts ought to construe Bruen’s statement that the applicable case law “requires courts to assess whether modern firearms regulations are consistent with the Second Amendment’s text and historical understanding.”

Comments

Duke Center for Firearms Law

Find Prat I here.

Recommended Citation

Randy J. Kozel, Is the Bruen Test Binding Law? Part II, Second Thoughts Blog (Dec. 15, 2023), https://firearmslaw.duke.edu/2023/12/is-the-bruen-test-binding-law-part-ii.
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1700