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[Opinion] Are judges good historians?

Summary by SCOTUSblog
A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation. Three years ago in New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court announced a two-step test for Second Amendment challenges. A court must first ask whether the Second Amendment’s plain text covers the conduct in which the challenger wishes to engage. If it does, then the burden shifts to the government to show that its …

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SCOTUSblog broke the news in on Wednesday, October 8, 2025.
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