In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court announced a two-step test for adjudicating Second Amendment challenges. Step one: Decide whether “the Second Amendment’s plain ...

After a counterprotester was killed at the 2017 Unite the Right rally in Charlottesville, many members of the American Civil Liberties Union (ACLU) condemned its Virginia chapter for defending the ...

Also published in Reason's The Volokh Conspiracy Sun. March 29, 2026. On April 1, the Supreme Court will hear argument in Trump v. Barbara, concerning the meaning of the Citizenship Clause in the ...

Transforming a constitutional limitation written as "were in common use at the time" into a test of "are in common use today" ...

The U.S. Department of Justice Civil Rights Division established an office focused on the Second Amendment, a move that is being slammed by civil rights and racial justice leaders who decried the ...

The Justice Department recently established a "Second Amendment Section" within its Civil Rights Division. On its face, that move is a welcome development for defenders of the constitutional right to ...

Also published in Reason's The Volokh Conspiracy Mon. January 19, 2026. In Wolford v. Lopez, the Supreme Court has the opportunity to clarify for the lower courts the difference between legislative ...