The Bruen method is so appealing to FedSoc judges because it's an easy way to dispense with normal factors of legal decision-making (precedent, logical consistency, fairness, reliance, etc) and go with pure vibes. The actual history doesn't matter, it's law by Gish gallop.
It’s repulsive.
It's absolute baloney as a method and just horror at triumph of nostalgia or some imagined past. We have things like the Rule against Perpetuties (yikes!) or Lord Shelley's rule or whatnot that are limits on the influence of the dead on the affairs of the living.
It's a Facebook post reply cosplaying as a legal opinion: sweeping, half-baked generalizations from the historical evidence you like, and spurious, conclusory dismissals of inconvenient counter-examples you don't b/c you don't actually need to convince anyone, your friends all like it either way.
Has to be absolute hell to watch any attempt at consistency or fairness fall away from your profession. I feel horrible for the students in law school forced to learn exactly how the law isn't then re-learn the hard way.
What a farce. Have they considered the idea of legitimacy? Even if an illusion—what about the appearance of legitimacy? I suppose someone who wants eventual rejection of the entire legal system, making rule by force naked and blatant in this way is being done a favor? Maybe it WAS a sham.
It seems like we’re missing out on an opportunity here. Use Bruen to challenge newfangled progun gun legislation like FOPA or PLCAA. When did the founders say specific industries could be given liability immunity? Why does gun negligence enjoy special protections?
"originalism" is the fantasy sports league of jurisprudence--"history the way we wished it had gone"
Even if a Bruen-type analysis was done in good faith, the effect would be incredibly regressive, limiting modern legislation to the types of laws in effect in the late 1700s.
it's taking the logic that gave us Dred Scott and applying it writ large to any law the right sees fit to challenge
History and tradition includes Black people and women being second-class citizens with no rights and voting being confined to landowning white men. They know history and want to turn back time.