Wolford v. Lopez · ¶196

Yet, the majority concludes that Bruen requires striking down Hawaii’s law as unconstitutional. From this day forward, it will be difficult to view Bruen as anything more than a fig leaf. While purporting to constrain judges, the majority has unmasked the discretionary choices that lie beneath the Court’s decisions regarding which analogues are “vastly different,” ante, at 19, and whose historical experiences are worthy of inclusion. Of course, the real irony is that the Court’s effort to rein in judicial discretion has resulted in an arbitrary rule that unleashes judges to thwart gun regulation at every turn.

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