Blog

Time To Heed Justice Stevens’ Criticism Of Gun Decision

In a tribute to Justice John Paul Stevens, who died July 16 at 99 years old, Time To Heed Justice Stevens’ Criticism Of Gun Decision (Law360 July 19, 2019), Robert Ludwig notes perhaps none “would have gratified him more than for the country to finally look to District of Columbia v. Heller to understand how...

Read More

A Right To Carry Everywhere, On A Road To Nowhere

A 9th Circuit panel recently upheld a right to public carry, just as Supreme Court nominee Brett Kavanaugh advocated for AR-15s: both applied “textualism.” To stop the Gun Epidemic — like yesterday’s Walmart mass shooting and Chicago’s latest 5 mass shootings in 3 hours — it’s time to turn a spotlight on the root cause:...

Read More

The Historic Legal Blunder That Enabled Our Gun Epidemic

“Having forgotten there was an American Enlightenment and our founding history, we now have what prior generations did not: a ‘gun epidemic.’” So begins Robert Ludwig’s latest article, “The Historic Legal Blunder that Enabled Our Gun Epidemic: Renouncing Heller by Deciding—Not Repealing—The Full Second Amendment” (Law360 Apr. 25, 2018). It was published in response to...

Read More

Announcing on the 10th Anniversary of D.C. v. Heller the Launch of the AMERICAN ENLIGHTENMENT PROJECT, a New Nonprofit Dedicated to Ending the Gun Epidemic

Today, the 10th anniversary of the Supreme Court decision in D.C. v. Heller (June 26, 2008), a promising front in the battle against growing gun violence opens with the launch of the American Enlightenment Project, a new nonprofit in Washington, DC dedicated to ending the epidemic of gun proliferation and violence that arose after Heller...

Read More

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

Almost a decade has passed since a bare (5-4) conservative majority of the Supreme Court struck down D.C.’s handgun ban and two centuries of law and legislative practice in District of Columbia v. Heller, 554 U.S. 570 (2008), implying in the Second Amendment a self-defense right to “handgun possession” and “to carry it in the...

Read More

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

In the second segment of his article, “Heller Sequels and 2nd Amendment, Still Undecided: Part 2” (Law 360 Aug. 3, 2017), Robert Ludwig explores the roots of the Second Amendment, and in doing so shows how the Heller majority, relying on dictionaries and English history a century earlier, and disregarding its debates, drafting, and American...

Read More

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

In Parts 1 and 2 of his recently-published article, “Heller Sequels and 2nd Amendment, Still Undecided: Part 1 (Law 360 Jul. 20, 2017) and “Heller Sequels and 2nd Amendment, Still Undecided: Part 2 (Law 360 Aug. 3, 2017), Mr. Ludwig showed how a divided Supreme Court in D.C. v. Heller (2008) “overlook[ed] the full text”...

Read More

Behind Raging Battles over Guns and a Court Nominee: Constitutional Illiteracy

Robert Ludwig offers more legal and historical insights in response to the latest threatened shutdown, this time of the Supreme Court by Judiciary Committee Republicans who vowed not to hold hearings this year on any nominee to succeed Justice Antonin Scalia. Sen. Ted Cruz, a committee member running for the presidency, argued “we’re one justice...

Read More