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Do Some Courts Under Enforce the Second Amendment. David Kopel

Joined
Nov 21, 2018
Messages
31
#1
This Fall, the Duke Law Journal held a symposium Heller at Ten: A Symposium on From Theory to Doctrine. All of the articles are, at least partially, responses to an article Eric Ruben and Joseph Blocher that analyzed data for all post-Heller cases, from 2008 until early 2016. From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller, 67 Duke L.J. 1433 (2018). Examining data from 1,153 cases, Ruben and Blocher presented a wealth of interesting findings. For example: pro se plaintiffs rarely succeed; Second Amendment claims have a better chance of success claims in civil cases than in criminal ones; and lower courts rarely use historical sources (only 29 from before 1791, and only 42 from 1791-1868).

All of the response articles, including mine, praised the Ruben & Blocher article, and deservedly so. It is a major contribution to the scholarly literature.
http://reason.com/volokh/2018/12/27/some-courts-underenforce-second-amend
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
6,771
Location
here nc
#2
This Fall, the Duke Law Journal held a symposium Heller at Ten: A Symposium on From Theory to Doctrine. All of the articles are, at least partially, responses to an article Eric Ruben and Joseph Blocher that analyzed data for all post-Heller cases, from 2008 until early 2016. From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller, 67 Duke L.J. 1433 (2018). Examining data from 1,153 cases, Ruben and Blocher presented a wealth of interesting findings. For example: pro se plaintiffs rarely succeed; Second Amendment claims have a better chance of success claims in civil cases than in criminal ones; and lower courts rarely use historical sources (only 29 from before 1791, and only 42 from 1791-1868).

All of the response articles, including mine, praised the Ruben & Blocher article, and deservedly so. It is a major contribution to the scholarly literature.
http://reason.com/volokh/2018/12/27/some-courts-underenforce-second-amend
Here Doug, I thought you actually contributed to the scholarly work, lo & behold, I was sorely disappointed and then sadly mistaken you only put the perception you provided a suitable praising response to the Ruben and Blocher's initial article.

I am also quite confused that the Volokh article clearly stated they praised the R&B article stated in the next paragraph:

My article, Data Indicate Second Amendment Underenforcement, did take issue with Ruben & Blocher's claim that their data prove that the Second Amendment is not underenforced in the lower courts.

So Doug, which is to be believed, they praised the R&B article or they took issue with the R&B article...quite confusing wouldn't you say?
 

since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,749
Location
Colorado Springs, Colorado, USA
#4
Short answer they all violate the 2A 100 percent of the time.
Long, and more accurate answer: "When applying intermediate scrutiny, some courts do apply the standard rules, such as considering whether there are substantially less burdensome alternatives to the regulation at issue. But some, including the Second Circuit, skip this part of intermediate scrutiny when the Second Amendment is involved."
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
112
Location
Kentucky
#5
A court ruling on the 2A in any manner but to strike down any gun regulation brought before it, is violating the 2A. Other than that they have no constitutional authority over the RTKABA.

I will change my percentage to 99% because some court at sometime may have struck down a gun regulation sometime in history.
 

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