Lawfare Archive: Amanda Tyler on Rahimi and Taking Guns Away From Loyalists

Lawfare Archive: Amanda Tyler on Rahimi and Taking Guns Away From Loyalists

From December 27, 2023: The Supreme Court last month heard oral arguments in United States v. Rahimi, in which the Court will decide the constitutionality of a federal law that criminalizes the possession of firearms by individuals on whom state courts have imposed domestic violence protective orders. This case came to the Court following its June 2022 ruling in New York State Rifle & Pistol Association v. Bruen. In that case, the Court determined that whether a law violates the Second Amendment depends on whether there is a “representative historical analogue” for the contemporary law.

Amanda Tyler, the Shannon Cecil Turner Professor of Law at the University of California, Berkeley School of Law, argued in a recent article in Lawfare that the many laws disarming loyalists that existed at the time of the Founding serve as a set of “historical analogues” required by Bruen to demonstrate the constitutionality of the statute at issue in Rahimi—a claim which has been disputed by Rahimi’s lawyers. Lawfare Research Fellow Matt Gluck sat down with Tyler to discuss the Rahimi case, the nature of the Founding-era laws that stripped loyalists of their firearms, whether loyalists were members of the American political community, why that question matters for the Court’s ruling in Rahimi, and more.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Episoder(2856)

Lawfare Daily: Are We Going to War in Iran?

Lawfare Daily: Are We Going to War in Iran?

Lawfare Public Service Fellow Ariane Tabatabai and Eric Brewer of the Nuclear Threat Initiative join Lawfare Editor in Chief Benjamin Wittes in a discussion of the possibly impending U.S. strike on Ir...

25 Feb 48min

Lawfare Daily: Ideology, Action, and Terrorism in the 1970s

Lawfare Daily: Ideology, Action, and Terrorism in the 1970s

Senior Editor Michael Feinberg is joined by Jason Burke of The Guardian, the author of “The Revolutionists: The Story of the Extremists who Hijacked the 1970s.” The two discuss the roots of European a...

24 Feb 50min

Lawfare Daily: The Trials of the Trump Administration, Feb. 20

Lawfare Daily: The Trials of the Trump Administration, Feb. 20

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Eric Columbus, Roger Parloff, and Anna Bower, Lawfare Public Service Fellow Troy Edwards...

23 Feb 1h 38min

Lawfare Archive: Nick Bednar on Trump's Civil Service Executive Orders

Lawfare Archive: Nick Bednar on Trump's Civil Service Executive Orders

From January 28, 2025: In today’s episode, Lawfare Senior Editor Alan Z. Rozenshtein speaks with his University of Minnesota Law colleague, Nick Bednar, about the wave of Day 1 executive orders affect...

22 Feb 1h 5min

Lawfare Archive: Are the Courts Ready for a Trump Presidency?

Lawfare Archive: Are the Courts Ready for a Trump Presidency?

From February 13, 2025: Only a few weeks have passed since inauguration, but President Trump's barrage of executive orders has already generated dozens of legal challenges. Which raises the question: ...

21 Feb 48min

Scaling Laws: Claude's Constitution, with Amanda Askell

Scaling Laws: Claude's Constitution, with Amanda Askell

Alan Rozenshtein, research director at Lawfare, and Kevin Frazier, senior editor at Lawfare, speak with Amanda Askell, head of personality alignment at Anthropic, about Claude's Constitution, a 20,000...

20 Feb 48min

Rational Security: The “Sects, Lies, and Twin Peaks” Edition

Rational Security: The “Sects, Lies, and Twin Peaks” Edition

This week, Scott sat down with his foreign-policy-minded colleagues Daniel Byman, Michael Feinberg, and Ari Tabatabai to talk through some recent big news stories around the world, including:“Beer Hal...

19 Feb 1h 17min

Lawfare Daily: Challenging Immigration Detentions in Minnesota

Lawfare Daily: Challenging Immigration Detentions in Minnesota

The dramatic influx of immigration enforcement actions in Minnesota have landed an enormous number of people in detention. It's led to an unprecedented number of petitions for habeas corpus—that is, p...

19 Feb 47min

Populært innen Politikk og nyheter

giver-og-gjengen-vg
aftenpodden
i-retten
forklart
aftenpodden-usa
stopp-verden
popradet
lydartikler-fra-aftenposten
det-store-bildet
fotballpodden-2
rss-gukild-johaug
dine-penger-pengeradet
rss-ness
hanna-de-heldige
nokon-ma-ga
aftenbla-bla
e24-podden
frokostshowet-pa-p5
bt-dokumentar-2
rss-penger-polser-og-politikk