Wolford v. Lopez · ¶180

To the contrary, the majority’s analysis demonstrates that, under Bruen, a judge can always choose to invalidate a modern regulation, so long as the judge points to some distinction between the modern regulation and the historical examples (really, any difference at all, no matter how small or irrelevant). Judges still have plenty of discretion left to exercise. And the unfortunate reality is that, regardless of the historical record, the will of the State’s legislature, or the needs of the local community, Bruen’s historical inquiry almost always “cabins” judicial discretion in only one direction: stymieing legislative efforts to restrict guns.

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