She asked Prelogar directly for “useful guidance” SCOTUS can give “about the methodology that Bruen requires be used and how that applies to cases even outside of this one?" Prelogar suggested three things the court can do. First, lower courts have “embraced the idea that the only thing that matters under Bruen is regulation. “And I think that comes very close to requiring us to have a dead ringer when Bruen itself said that's not necessary. The way constitutional interpretation usually precedes is to use history and regulation to identify principles, the enduring principles that define the scope of the Second Amendment right.

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Persons: Elena Kagan, Prelogar, SCOTUS, ” Prelogar, Bruen, that's, ” Locations: “