University of Chicago law professor emeritus Albert W. Alschuler discusses the Supreme Court’s recent rulings in United States v. Rahimi and New York State Pistol and Rifle Association v. Bruen, focusing on their approach to interpreting the Second Amendment through historical analogues. Professor Alschuler argues that the Court’s reliance on irrelevant historical examples while disregarding relevant history is flawed, and that the Bruen standard is neither originalist nor workable, predicting that it will eventually be abandoned in favor of a more flexible approach that allows for some degree of interest balancing in Second Amendment cases.

University of Chicago law professor emeritus Albert W. Alschuler comments on the split between the Third and Eighth Circuits on the question whether some convicted felons have a constitutional right to bear arms. Professor Alschuler describes the two courts’ decisions, as well as the contradictory language from the U.S. Supreme Court, and suggests that the Court is likely to resolve the question in the coming Term.

In light of Justice Samuel Alito’s leaked draft in Dobbs v. Jackson Women’s Health Org., which would overrule Roe v. Wade and its progeny, UChicago Law professor emeritus Albert W. Alschuler and Harvard Law professor emeritus Laurence H. Tribe ask six questions of the apparent five-Justice majority. Professors Alschuler and Tribe point out some of the inconsistencies and illogic of the opinion and call on the Justices to account for these issues.