Lev Menand
speaker
1,295 appearances
6 recordings
1 series
first heard Jan 2025
last heard 17 Jul
Lev Menand’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 2 in all, peaking in Jul 2026 with 1.
Appearances
So last year, some listeners might recall, some court watchers might recall that there was this decision, Wilcox, where they gave us a single sentence saying, sort of indicating to the president, you know, we're kind of looking the other way as you remove all these other government officials, but the Fed will be different.
And then that gave rise to the Cook case as a as a for cause removal.
They've made some innovations since then.
And the big innovation is to bring in Second Amendment doctrine.
And the way the Second Amendment doctrine works briefly is that they understand the Second Amendment to be this absolute right to bear arms.
And then the question is, well, there must be some abrogations of those rights.
It's such open text.
We can't possibly enforce it that way.
How do we know when it's OK to abrogate that right?
It's like you're not allowed to own nuclear weapons.
Exactly.
And so they say, well, we look to the sorts of regulations that took place in the founding period, and then we understand that those exceptions are okay.
And and so there's now Second Amendment jurisprudence has turned into this wild like game with hiring all these early American historians and all these arguments about what type of firearm rules there were in the 1780s to try to decide what.
analogs Congress is allowed to have or states are allowed to have today.
Never mind that this is not how the Second Amendment was understood in the 1780s or any of that.
This is all recent development in Second Amendment world too and has created all sorts of weird dynamics
Now the court's saying that's how we're going to understand an exception to our new categorical rule in slaughter that says president can fire any executive officer.
And, you know, basically everybody in the government is an executive officer.
So they need an exception.
And they say, oh, we're going to look for, you know, is there an analog just like in our Second Amendment?
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