JOURNAL ARTICLE

Differing Opinions on Originalism.

  • Published In: Litigation News, 2025, v. 50, n. 4. P. 11 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: MILLER, JAMES M. 3 of 3

Abstract

The article discusses the differing circuit court rulings regarding the Second Amendment rights of individuals aged 18-21, highlighting a split in judicial interpretation that may prompt the U.S. Supreme Court to intervene. The Fifth Circuit recently reversed its stance in Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, declaring that a federal law prohibiting firearm sales to this age group violated the Second Amendment, citing historical context from the Militia Act of 1792. In contrast, other circuits, such as the Eleventh and Tenth, upheld similar restrictions, illustrating the complexities and varying interpretations of historical precedent in Second Amendment jurisprudence. The article emphasizes the ongoing debate over the application of originalism and historical analysis in determining the constitutionality of gun regulations affecting young adults. [Extracted from the article]

Additional Information

  • Source:Litigation News. 2025/07, Vol. 50, Issue 4, p11
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:0147-9970
  • Accession Number:187987031
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