Ohh I'm glad you're writing this. It does strike me as not great for the development of the doctrine to have too much assume-without-deciding (as we saw under the old two-part framework).
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that's the thesis! And yes, b/c the combo of: "plain text" being just flatly inadequate + arguably inconsistent with the Heller "exceptions" (thus pre-Bruen precedents now in question) + Bruen being very imprecise several times = coverage is such a mess that they're all repeating the "assume" move
aug 23, 2025, 2:43 am • 1 0 • view