Articles

Time To Heed Justice Stevens’ Criticism Of Gun Decision

By Robert W. Ludwig (Law360 July 19, 2019) As tributes pour in for former Justice John Paul Stevens, who died Tuesday at 99 years old, perhaps none would have gratified him more than for the country to finally look to District of Columbia v. Heller to understand how it worsens gun violence, as he warned to the end. Better yet, to find a way to overturn it …

A Right To Carry Everywhere, On A Road To Nowhere

By Robert W. Ludwig (Law360 April 25, 2018, 5:37PM EDT)   The first weekend in August, 74 Chicagoans were shot, 30 in five mass shootings over three hours, with 11 killed and 63 wounded overall, “the worst I’ve ever seen it”…

The Historic Legal Blunder That Enabled Our Gun Epidemic: Renouncing Heller
By Deciding — Not Repealing — The Full Second Amendment

By Robert W. Ludwig (Law360, April 25, 2018, 5:37 PM EDT) “Having forgotten there was an American Enlightenment and our founding history, we now have what prior generations did not: a ‘gun epidemic.'”  As little noticed, today’s gun epidemic arose…

Heller Sequels And 2nd Amendment, Still Undecided:Part 3

By Robert W Ludwig (Law 360, August 24, 2017, 6:06 PM EDT) Part 2 of this article, exploring the roots of the amendment, showed how the Heller majority, relying on dictionaries and English history a century earlier, and disregarding its debates, drafting…

Heller Sequels And 2nd Amendment, Still Undecided:Part 2

By Robert W. Ludwig (Law360, August 3, 2017, 10:24 AM EDT) Part 1 of this article discussed the absence of guidance a decade after D.C. v. Heller (2008), in which the U.S. Supreme Court “creat [ed] a new blockbuster” individual right…

Heller Sequels And 2nd Amendment, Still Undecided:Part 1

By Robert W. Ludwig (Law360, July 20, 2017, 3:07 PM EDT) It has been nearly a decade since District of Columbia v. Heller, 554 U.S. 570 (2008), overturned D.C.’s handgun ban and 200 years of understanding. The Second Amendment to the…

Court Nominee, Guns, And Constitutional Illiteracy

By Robert W. Ludwig (Law360, New York March 15, 2016, 10:17 PM ET) ­­ In another pledge, threatening another shutdown, this time of the Senate and U.S. Supreme Court, Judiciary Committee Republicans vowed in February not to hold hearings this year …