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Podcast: A Pro-Gun Critique of the SCOTUS Second Amendment Test (Ft. GMU Professor Ilya Somin)

Дата публикации: 02-08-2026 09:02:04

Plus, Contributing Writer Jake Fogleman and I discuss a sweeping new ruling out of Connecticut, where a federal judge upheld the state's handgun restrictions for 18-20-year-olds.

Основное содержимое страницы с новостью.

We’ve looked at the Supreme Court’s upcoming Second Amendment case against AR-15 bans with the lawyer who helped craft the Court’s view of gun rights and with a professor who is a prominent critic of that view from the left. This week, we’re doing the same with a pro-gun critic of the Court’s test.

That critic is Cato Institute scholar and George Mason University law professor Ilya Somin. Ever since the Supreme Court handed down a new Second Amendment test in New York State Rifle and Pistol Association v. Bruen, most gun-rights advocates have been happy with the outcome of the cases where the Court has applied it. But there is a contingent of pro-gun lawyers and professors who’ve disputed whether it’s a good precedent.

Somin argued that Bruen‘s reliance on history and tradition creates a lot of grey areas in the law. He said it is “too flabby” as it stands now, and leaves too much wiggle room for judges to impose their own preferences. He noted that liberal critics of the Bruen test have some valid critiques, but where they worry the test will be used to restrict government action, he worries it will be used to restrict Second Amendment rights.

He said he’s largely agreed with the outcome of the most recent Second Amendment cases at the Supreme Court, but worried what might come in future cases–especially if the balance of the Court moves left. Somin argued for what he considers a more straightforward test based around the original meaning of the Second Amendment. He argued history could inform that meaning, but he said that the existence of historical laws that contradict that meaning shouldn’t mean those laws take precedence over the meaning itself.

You can listen to the show on your favorite podcasting app or by clicking here. Video of the episode is available on our YouTube channel. An auto-generated transcript is here. Reload Members get access on Sunday, as always. Everyone else can listen on Monday.

Plus, Contributing Writer Jake Fogleman and I discuss a sweeping new ruling out of Connecticut, where a federal judge upheld the state’s handgun restrictions for 18-20-year-olds shortly after the Supreme Court declined to address the issue. We also cover a new stay order in the state litigation against Virginia’s AR-15 ban, which will keep the ban blocked until the Supreme Court hands down its “assault weapon” ban decision.

Audio here. Video here.

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Created by potrace 1.16, written by Peter Selinger 2001-2019

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Stephen Gutowski is an award-winning journalist who reports on firearms policy and politics. He is a former CNN Contributor. He has also appeared on the cover of Time Magazine and his work has been featured in every major news publication across the ideological spectrum from The Wall Street Journal to The New York Times and beyond.

Created by potrace 1.16, written by Peter Selinger 2001-2019

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