Will Baude

I think she is probably the person who takes the...

history, who's probably the deepest into the history and into the approach and understands the nuances that the history require.

Right, but there's a different way in which Justice Kavanaugh is the squishy one.

Like, Justice Kavanaugh, multiple times that argument was like, part three of Heller says all these kinds of regulations are okay.

That's got to be true, right?

But Justice Kavanaugh is also the one who wants a strict history test, and those things in Heller are kind of made up.

And not all of them are actually historically supported.

And I think it's Kavanaugh and Roberts who wrote separately in Bruin just to say, we want to be clear.

We're just striking down a thing that's happening in four states.

We would implicitly... We would never strike down a thing that was happening in a lot of states.

So depending on the axis, you could think of them as the median squishes or something.

And this is, I think, one of the things that's interesting with this court is just because a bunch of the justices have...

slightly different methodological approaches, different justices can be in play for different reasons, right?

So Justice Kavanaugh cares more about the very pragmatics and the outlier problem.

Justice Barrett cares more about the history, maybe.

The chief also had argument brought up several times, just like distinctive facts about Hawaii, which I don't know if you know these facts about him, but he represented Hawaii a lot in private practice.

I mean, like Rice versus Cayetano in Hawaii.

This brings us back to why you won the trivia contest.

He also was a summer associate in Hawaii.

He's still a summer.