The Absurd Gun Case That Unified the Supreme Court: Noah Feldman

Think the Supreme Court is hopelessly divided? As it turns out, there is an issue that can produce unanimity among the justices: Using marijuana every other day isn’t a sufficient reason for the government to deprive Americans of their constitutional right to bear arms.

The 9-0 opinion correctly applies the radically originalist framework for gun rights adopted by the Supreme Court in the 2022 case of New York State Rifle & Pistol Association, Inc. v. Bruen. That framework remains a genuinely silly way to apply the Second Amendment, as this decision unintentionally demonstrates. Yet the opinion also shows ...