The Second Amendment revival of the last 15 years has not yet answered a question that affects at least 1 in every 20 American adults: do Americans have a constitutional right to possess AR-15-style semiautomatic rifles? The Supreme Court will finally answer that question this term in Viramontes v. Cook County.

Professor Joel Alicea – who is part of the litigation team taking Viramontes to the Supreme Court! – joins hosts Ilan Wurman and Joshua Kleinfeld to break down the issues.

Joel, Josh, and Ilan trace the development of Second Amendment doctrine from Heller to the present and dig into the case's real fault line: Does the Second Amendment contain an exception for “dangerous and unusual weapons” (as Blackstone put it before the American Founding) – and, if so, does that exception encompass AR-15s and similar rifles? Is Cook County right that both history and public safety justify treating AR-15s as “military-grade” weapons and distinguishing them from ordinary weapons used for self-defense?

The hosts dig into broader questions as well. For decades before the recent revival, the Supreme Court treated the Second Amendment as a constitutional embarrassment and a nullity. What does that teach us about judicial power and the abuse of the judicial role? And what can the Second Amendment cases teach us about the "tiers of scrutiny" — the century-old framework courts use to balance rights against the public interest? Is it real law or judicial improvisation dressed up as doctrine? Do the gun rights cases present an alternative?

And – by the way – why are AR-15s called “assault weapons”? Is that a technical term or the political equivalent of calling some knives “murder knives”?

This is the rational — and based — preview of the Supreme Court's next major gun case that you won't hear anywhere else.

Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED!

Subscribe to our Substack!

New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube!

Follow us on social media on Instagram, X, Facebook, and TikTok!