In Part One of this essay, I argued that the Supreme Court’s opinion in United States v. Rahimi set the stage for lawyers and judges to incorporate natural law principles into their reasoning. In Rahimi, the Court appealed to the “principles underlying the Second Amendment” in order to ascertain the scope of its protections. Our …
Following the 2008 decision in District of Columbia v. Heller, Hadley Arkes wrote that Justice Scalia’s putatively originalist opinion might have appealed to “something resembling—brace yourself—‘natural law.’” After all, Scalia’s look into the text and history of the Second Amendment revealed that it codified a right that preexisted the Constitution. Arkes queried, “Was he suggesting …
Join host Garrett Snedeker and appellate litigator Edward “Ed” Wenger to discuss a recent decision by the D.C. Circuit Court of Appeals that allowed limits on gun magazine capacity within the nation’s capital. The court affirmed a lower court’s opinion that “extra large capacity magazines” could be prohibited within city limits, but Judge Justin Walker …
Prof. John Yoo of California’s Berkeley Law School joins the Anchoring Truths Podcast for a light-hearted and spirited discussion of his new, co-authored book The Politically Incorrect Guide to the Supreme Court as well as the recent decisions of the Supreme Court in its OT 2022 term. Yoo clerked for Justice Clarence Thomas, served in …
