Wolford v. Lopez · ¶192

To be clear, I am not suggesting that courts must accept Black Codes as historical analogues. My point is merely that the Court cannot have it both ways. Either history does matter, and if so, all potentially relevant historical experiences must be thoroughly examined to determine whether they reflect our Nation’s history and tradition of firearm regulation. Or, it does not, and the Court should just admit that the test it has created is boundless, allowing it to accept or excise any historical analogue it chooses for any reason it prefers.

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