The concurring opinions in #Rahimi, read together, signal a brewing fight over overruling #Bruen altogether. The concurrences most clearly concerned with this are by #Sotomayer, #Gorsuch, and #Jackson. But I think even #Kavanaugh and #Barrett are telegraphing information about their positions on that. While I certainly hope Bruen comes up for reconsideration and gets overruled, it would be better for the court to overrule #Heller and thus its progeny, which includes #Bruen. 2/

#Jackson concurrence concludes by recognizing that, over time and through repeated appellate adjudication, a stable, workable approach to #Bruen might emerge. But there are "miles to go" and introducing chaos and uncertainty into Supreme Court standards erodes #RuleOfLaw. #Rahimi /25

More from #Jackson concurrence in #Rahimi: "Consistent analyses and outcomes are likely to remain elusive because whether Bruen’s test is satisfied in a particular case seems to depend on the suitability of whatever historical sources the parties can manage to cobble together, as well as the level of generality at which a court evaluates those sources...." 24/

"The message that lower courts are sending now in Second Amendment cases could not be clearer. They say there is little method to Bruen’s madness." #Jackson, writing in concurrence in #Rahimi. 22/

#Jackson concurrence starts with her rejection of #Bruen methodology. She's making it clear she'd vote to overrule it. But, she also makes clear that she accepts it as "binding precedent." According to her the #Rahimi decision applies #Bruen fairly, so she joins the Court's opinion in full. Then, Jackson turns to an interesting angle: the difficulty lower courts have in applying #Bruen methodology. 21/

#AmyConeyBarrett writes a concurrence in #Rahimi that reiterates her theory of originalism in Constitutional interpretation. Main point: history after the ratification of the original constitution not likely to be relevant to interpreting the Bill of Rights.
Taken together, #Barrett and #Kavanaugh concurrences seem to be primarily directed toward each other, laying down the gauntlet for future fights. 20/

Eventually, #Kavanaugh takes up of the role of #precedent in Constitutional interpretation. Given his position in #Dobbs, this should be rich.#Rahimi 18/