Originalism Is One Reason Why America Has Such a Gun Problem
One of the worst “originalist” decisions was about guns, back in 2008. This term, it might get even worse.
This is part of How Originalism Ate the Law, a Slate series about the legal theory that ruined everything.
By the end of June, the U.S. Supreme Court will issue its decision in United States v. Rahimi, a case in which a man subject to a domestic violence restraining order says he has a constitutional right to keep his gun and that a federal law disarming abusers violates the Second Amendment. The court will also decide Garland v. Cargill, a challenge to a law classifying semiautomatic weapons equipped with bump stocks as machine guns because they enable automatic fire.
