In a new interview with IChotiner, a professor at the U.C.L.A. School of Law says that the Supreme Court cherry-picked historical precedents to frame its decision to expand gun rights.
, would, if enacted, become the most substantial federal gun-safety law in more than two decades.) To talk about the decision, and what it may mean for future gun-control efforts, I spoke by phone with Adam Winkler, a professor at the U.C.L.A. School of Law and the author of “.
A shall-issue-permitting rule is one in which, as the name suggests, the state shall issue a permit to any law-abiding citizen who meets the basic training or educational requirements, and you do not have to show an individualized need. In terms of picking and choosing historical precedents, is that out of the norm or a common feature of Court decisions?
I don’t think so. I think the Kavanaugh-Roberts concurrence suggests that there are at least two Justices in the conservative majority who may vote to uphold future gun laws, but the concurrence does not really back down from the majority opinion. The concurrence makes two points. One is that you can have shall-issue permitting. But the majority opinion says the same thing.
These provisions don’t actually have a historical precedent or backing, and so you are saying that the Court may strike them down. But it seems like you were previously saying that the Court just picks and chooses what it wants from history anyway, so are we giving them too much credit by analyzing these provisions historically?
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