The Weekly Reload Podcast

Law Professor Who Wants Heller Overturned Explains His View of New SCOTUS Gun Case

August 28th, 2023

This week, we have Professor Dru Stevenson of the South Texas College of Law on the show to give his analysis of the Supreme Court's latest Second Amendment case.

A few weeks back, we had pro-gun author and lawyer Mark Smith on to give his view of United States v. Rahimi. But I want to make sure we offer you all a wide variety of perspectives on where the case is headed. Stevenson certainly comes from a very different point of view, and he has an intimate knowledge of the case.

He joined a brief in the case alongside other professors and a gun-control group. They argued the domestic violence restraining order gun ban should be upheld. However, they went much further and argued both Bruen AND Heller should be overturned as well.

Stevenson and I discuss the reasons why he thinks the Court's view of the Second Amendment as guaranteeing an individual right to keep and bear arms is wrong. We go through the common arguments and discuss their validity.

But Stevenson also acknowledged the Court is very, very unlikely to adopt his point of view. He said the brief was part of a long-term effort to build the foundation for completely undoing the Court's gun jurisprudence at some point down the line. In the meantime, he gave his thoughts on where a majority of justices might actually come down in this case.

Plus, Contributing Writer Jake Fogleman and I talk about the lack of gun policy mentions during the first Republican primary debate.