“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.

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