Paul Clement and Erin Murphy exercised their post–Republican BigLaw freedom to argue that constant bloodbaths are constitutionally required last Friday:
This is, in effect, why they left Kirkland & Ellis, so it’s not a particular surprise. And yet!— Chris Geidner (@chrisgeidner) May 8, 2023
Their argument is that, essentially. because the Brady Bill was allowed to expire a lot of people bought military-grade assault weapons, and once a lot of people own a weapon they can no longer be banned. The more danger posed by people possessing military-grade weapons, the less the state can regulate them. And you can’t restrict magazines because what would even be the point of owning a semi-automatic rifle if you couldn’t fire huge amounts of body-shredding bullets a minute. Originalism!
Admittedly, however dumb and ghoulish this is there’s a real chance that it will ultimately prove good enough for this Supreme Court. Just don’t concede too much by saying that the “Second Amendment” is the reason the government can’t ban assault weapons if it happens.