Professor Jacob Charles, "The Right’s Dystopian Vision for America: Machine Guns For All" -- The New Republic

Professor Jacob D. Charles's opinion article, "The Right’s Dystopian Vision for America: Machine Guns For All," is published in The New Republic. The article considers the decision in United States v. Morgan, in which a Kansas federal judge declared that the Second Amendment forbids the government from banning the possession of machine guns.

Excerpt from "The Right’s Dystopian Vision for America: Machine Guns For All"

The Morgan ruling illuminates a central flaw in recent Second Amendment doctrine. The history and tradition framework announced in Bruen provides lower courts no guide. Judges are now free to read the historical record broadly or narrowly, draw strict or loose historical analogies, demand identical or just barely related historical precursors, and adopt high or low levels of generality when assessing the historical landscape of gun regulation—all within the confines of Bruen’s capaciously vacuous framework. In short, Bruen created a test that constrains judges not at all. 

The complete article may be found at The New Republic