Will Baude
๐ค SpeakerAppearances Over Time
Podcast Appearances
I think this case is scheduled for argument early March.
I assume it will be natural for them to go, for them to sort of split the difference, right?
It'd be easier to accept a government win in Hamani if there's a government loss or there's a Hawaii government loss in Wolford.
government win potentially in both.
Because then they might not worry as much about are they sending the right or the wrong signals about the direction of the Second Amendment as a whole.
I think the general law approach, I mean, for the same reasons that it pretty strongly supported the conviction of Rahimi, probably pretty strongly supports this one too.
Again, bracketing the vagueness problem a little bit.
I think it would say this is within the scope of a reasonable regulation.
So one concern under the general law approach is when the regulation is so broad to be a functional ban on the right.
So that's why I think a founding era law that said anybody who's not a teetotaler can't have a gun probably would have been unconstitutionally broad.
I've never used any of these substances, so I don't have a good bead on whether the same thing for controlled substances is similarly unconstitutionally broad.