Professor Jacob Charles Referenced in "A Federal Judge Calls Clarence Thomas’ Bluff on Gun Rights and Originalism" -- Slate

An article written by Professor Jacob D. Charles is referenced in the Slate article, "A Federal Judge Calls Clarence Thomas’ Bluff on Gun Rights and Originalism." The Slate article considers Supreme Court Justice Clarence Thomas's order in New York Rifle and Pistol Association v. Bruen that courts assess the constitutionality of modern-day gun restrictions by searching for “historical analogues” from 1791, when the Second Amendment was ratified.

Excerpt from  "A Federal Judge Calls Clarence Thomas’ Bluff on Gun Rights and Originalism"

Bruen stacked the deck against gun restrictions by putting the burden on the government to identify appropriate “historical analogues,” then it let judges limit their review to the government’s findings. As Jake Charles, a scholar at the Duke Center for Firearms Law, noted in June, this framework means that courts can strike down democratically enacted gun restrictions simply because the government lawyer tasked with defending them failed to dig up the necessary evidence.

Professor Charles's article, "Bruen, Analogies, and the Quest for Goldilocks History," may be found at Duke Law