“Bruen has proven to be a labyrinth for lower courts, including our own, with only the one-dimensional history-and-tradition test as a compass,” wrote Chief Judge Albert Diaz of the U.S. Court of Appeals for the Fourth Circuit, adding that Rahimi has provided “little” clarity.
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Happy Friday, and welcome to another roundup of the week’s news about the judiciary. This week, we take a look at the growing frustration among lower court judges over the U.S. Supreme Court’s history-and-tradition test for determining the constitutionality of gun laws. Plus, we have a quick breakdown on where the federal appellate judicial nominations stand while the Senate is in August recess.
As always, please reach out to me at [email protected] with any tips or feedback and follow me on X at @AvalonZoppo.
Chief Judge Albert Diaz of the U.S. Circuit Judge for the Fourth Circuit. Photo: Diego M. Radzinschi/ALM