The Supreme Court’s bad history ...Middle East

The six conservative justice on the U.S. Supreme Court have seemingly come to think of themselves as historians, able to excavate the original meaning of the Constitution from archival sources revealed to them in the briefs of petitioners and respondents. The result has been bad history and worse law, culminating in last term’s New York State Rifle & Pistol Association v. Bruen, where the majority invalidated New York’s restrictions on carrying concealed handguns because it was deemed inconsistent with “this nation’s historical tradition of firearm regulation.” According to Justice Clarence Thomas’s opinion, a gun control statute can be upheld only if there is an “American tradition ju

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