Does the Second Amendment Make Gun Politics Obsolete?

Forthcoming in Polity's Supreme Court Symposium, January 2023

Duke Law School Public Law & Legal Theory Series No. 2022-57

Posted: 1 Nov 2022 Last revised: 19 Jul 2023

See all articles by Joseph Blocher

Joseph Blocher

Duke University School of Law

Andrew Willinger

Duke University School of Law, Center for Firearms Law

Date Written: October 28, 2022

Abstract

The authors briefly lay out the Supreme Court’s recent Second Amendment jurisprudence and what they identify as the increasing constitutionalization of the gun debate—what was once purely an issue for politics has increasingly become one for courts. Although the gun debate remains a matter for elected officials as well as judges, recent Supreme Court decisions have circumscribed the role of gun politics and policy. Exploring this Term’s decision New York State Rifle and Pistol Association v. Bruen (2022), the authors demonstrate how its historical method makes the role of modern evidence even more obscure. Finally, the authors explore how the legal framework that Bruen creates may constitutionalize the gun debate in ways that are unequally responsive to different modes of public political expression.

Keywords: Bruen, Supreme Court, Second Amendment, Firearms, Guns

Suggested Citation

Blocher, Joseph and Willinger, Andrew, Does the Second Amendment Make Gun Politics Obsolete? (October 28, 2022). Forthcoming in Polity's Supreme Court Symposium, January 2023, Duke Law School Public Law & Legal Theory Series No. 2022-57, Available at SSRN: https://ssrn.com/abstract=4261072

Joseph Blocher

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Andrew Willinger (Contact Author)

Duke University School of Law, Center for Firearms Law ( email )

Box 90360
Durham, NC 27708-0360
United States
919-613-8641 (Phone)

HOME PAGE: http://https://firearmslaw.duke.edu/

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