Breyer Questions Use Of History In Courts’ Reviews Of Gun Regulations

Breyer Questions Use Of History In Courts’ Reviews Of Gun Regulations

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39 min agoBreyer questions use of history in courts’ reviews of gun regulationsFrom CNN’s Tierney Sneed

Justice Stephen Breyer took aim at how some of the court’s conservatives would like to approach reviewing gun regulations.

Justices like Brett Kavanaugh and Amy Coney Barrett have pushed back on the balancing tests some courts have used in gun regulation cases. They instead have advocated for looking at history and the tradition around the Second Amendment, in addition to its text, when assessing regulations’ compliance with the constitution. Justice Clarence Thomas kicked off the questioning Wednesday by asking Paul Clement about how to use history to analyze cases.

Breyer, following up and seeking to punch a hole in the conservative arguments, noted that in legal briefs, history professors make different and contradicting arguments about what the history says. “How are we supposed to deal with that?” he asked.

Clement is arguing on behalf of the people and gun rights groups challenging the New York regulations.

Clement served as solicitor general in the George W. Bush administration and is a go-to lawyer for conservative causes being argued in the Supreme Court.

“Carrying a firearm outside the home is a fundamental, constitutional right,” Clement said in his opening presentation.44 min agoJustice Neil Gorsuch participates in argument remotely as he battles stomach bugFrom CNN’s Dan Berman

For the second day in a row, Justice Neil Gorsuch is absent from the courtroom with a stomach bug.

He’s participating in oral arguments remotely.

He has tested negative for Covid-19 and all the justices have been vaccinated.

Only journalists, lawyers and law clerks are actually sitting in the court room, six feet apart.

57 min agoNOW: Supreme Court hears arguments on scope of Second Amendment and gun control lawsFrom CNN’s Ariane de Vogue

Two days after hearing a major abortion case, the Supreme Court is taking the bench again to discuss another topic that bitterly divides the country: gun rights.

It’s been more than a decade since the justices have decided a significant Second Amendment case and now the conservative-leaning court has the opportunity to reexamine the scope of the right to keep and bear arms in a case brought by an affiliate of the National Rifle Association.

The court could potentially allow more guns to be carried on some of the busiest streets in the largest cities in the nation, at a time when the Biden administration has vowed to push for enhanced gun regulations.

In 2008’s District of Columbia v. Heller, the court held for the first time that the Second Amendment protects an individual’s right to keep and bear arms at home for self-defense. Except for a follow-up decision two years later, the justices have largely stayed away from the issue infuriating gun rights advocates and even some of the justices themselves.

Now, the focus will be on President Trump’s nominees, particularly Justices Brett Kavanaugh and Amy Coney Barrett, who signaled when they served on the lower courts that th

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