Bruen’s Text-and-History Test Spreads Beyond the Second Amendment

Bruen’s Text-and-History Test Spreads Beyond the Second Amendment

“The U.S. Court of Appeals just took the Heller and Bruen playbook — founding-era text, founding-era dictionaries, founding-era silence — and ran it through a First Amendment case. Every yard they gained for the Establishment Clause is a yard also banked for the Second Amendment.” – Professor Mark W. Smith, Four Boxes Diner The United States Court of Appeals for the Fifth Circuit has handed down an en banc decision in Nathan v. Alamo Heights Ind…