The case may be the shortest-lived triumph in Supreme Court history.
By a 6–3 vote, the Supreme Court rejected the plaintiffs’ arguments on Monday in a
. The majority explained that, if the plaintiffs believe New York City’s replacement law is unconstitutional, they can go back to the lower courts and make their case. And although the plaintiffsask for damages, they made no such demand in their initial lawsuit. So they have to ask the lower courts for permission to add a damages claim.
That ruling handed a narrow win to gun safety activists, but it may be the shortest-lived triumph in Supreme Court history. Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, dissented in an opinion laying out his plans to expand the Second Amendment in a future case. Justice Brett Kavanaugh joined the majority but wrote separately to note that he agrees with Alito’s “general analysis” of the right to bear arms.
All four justices, in other words, want to wipe away any gun laws that depart from practices in 1791, when the Second Amendment was ratified. Under their approach, states could not ban
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