United States v. Hemani · ¶21

While we have not yet had cause to “exhaustive[ly] survey” the features that may render a modern law “relevantly similar” to historical ones, we have said two play a “ `central' ” role. Id., at 29. Call them the “why” and “how.” Ibid.; see also Rahimi, 602 U. S., at 692. The more closely a contemporary law mirrors a well-established historical analogue in purpose and operation, the more likely it is to be upheld. Conversely, the more a modern law diverges from traditional laws in purpose and operation, the less likely it is to survive review. See Bruen, 597 U. S., at 29; Rahimi, 602 U. S., at 692.

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