Is the Bruen Test Binding Law? Part I

Authors

Randy J. Kozel, Notre Dame Law SchoolFollow

Document Type

Blog Post

Publication Date

12-13-2023

Publication Information

Second Thoughts Blog (Dec. 13, 2023), https://firearmslaw.duke.edu/2023/12/is-the-bruen-test-binding-law-part-i/

Abstract

The Bruen Court clearly intended for its test to extend beyond the facts at hand, establishing a protocol for deciding challenges to other types of gun laws. In a set of two posts, the author suggests that it’s actually unclear whether the Court has the authority to insist on adherence to a stipulated methodology of interpretation—to declare, in effect, that only one mode of analysis is valid in construing vague constitutional language.

Comments

Duke Center for Firearms Law

Find Part II here.

Recommended Citation

Randy J. Kozel, Is the Bruen Test Binding Law? Part I, Second Thoughts Blog (Dec. 13, 2023), https://firearmslaw.duke.edu/2023/12/is-the-bruen-test-binding-law-part-i/.
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1701