Vladeck: The 5th Circuit’s Rahimi Decision Reveals Two Problems With Bruen

…Rahimi exposes two different problems with Bruen: The first problem is that its command to courts to measure contemporary gun regulations by the yardstick of “historical analogues” yields a profoundly subjective test that will lead principled judges acting reasonably to reach diametrically opposed conclusions about the same laws. As Rahimi makes clear, whether a historical example is sufficiently “analogous” … Read more