Time To Heed Justice Stevens’ Criticism Of Gun Decision

[August 28, 2019] 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 it worsens gun violence, as he warned to the end. Better yet, to find a way to overturn it.”   In his memoir published in May, Justice Stevens called the 5-4 Heller decision, discovering for the first
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A Right To Carry Everywhere, On A Road To Nowhere

[August 23, 2018] Right now, the gun epidemic debate targets its symptoms, whether mass shootings or domestic violence, not its disease: the gun proliferation enabled by a 2008 Supreme Court decision that reinterpreted the 2nd Amendment. The path to ending the epidemic begins with recognizing two fundamental truths: that the decision blocks real legislative solutions, and is a historic blunder that legally cannot stand. In a timely article, “A Right To Carry Everywhere, On A Road To Nowhere” (Law360 Aug. 10, 2018), Robert W. Ludwig, counsel to the American
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The Historic Legal Blunder That Enabled Our Gun Epidemic

[June 20, 2018] “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 op-eds by Justice John Paul Stevens calling for repeal of the Amendment and by “scholars backing the ‘gun safety’ movement, the moniker that truckles to extreme positions of the National
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Heller Sequels And 2nd Amendment, Still Undecided:Part 1

[August 26, 2017] 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 home.” As “extraordinary as that phrasing, it further implied, in dicta, a related right to insurrection as a safeguard against tyranny,” and a right to any “lawful weapons that they
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Heller Sequels And 2nd Amendment, Still Undecided:Part 2

[August 26, 2017] 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 history, was left with “no understanding of the problems confronting the Framers,” which had nothing to do with an individual right.” Mr. Ludwig suggests that, while “overlooking the full text
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Heller Sequels And 2nd Amendment, Still Undecided:Part 3

[August 26, 2017] 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” of the Second Amendment, among other things, to “‘creat[e] a new blockbuster’ individual right to guns ‘not apparent to the court for over two centuries,’ as critiqued by Fourth Circuit
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Behind Raging Battles over Guns and a Court Nominee: Constitutional Illiteracy

[March 27, 2016] 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 away from the Second Amendment being written out,” referring to a right to guns newly found in District of Columbia v. Heller, 554 U.S. 570 (2008). Sen. Cruz also vowed
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2nd Amendment Still Undecided, Hiding in Plain View

[January 16, 2016] Robert Ludwig offers new legal and historical insights in response to “The Gun Epidemic,” the first New York Times front-page editorial in a century, urging: “It is past time to stop talking” and start reducing or “eliminating some large categories of weapons and ammunition” in the wake of San Bernardino, Colorado Springs, and daily mass shootings. President Barack Obama, saying “enough is enough,” last week issued his own historic Times op-ed, “Our Responsibility,” and executive actions, constrained not only by Congressional inaction, but suprising myopia
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