Qualified Immunity As Gun Control…. Really?
Qualified Immunity As Gun Control…. Really?

Qualified Immunity As Gun Control…. Really?

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Episode #53

Today on Legalese we are going to be discussing a new article that will be released in an upcoming volume of the Notre Dame Law Review entitled “Qualified Immunity As Gun Control”.
Law professors Guha Krishnamurthi & Peter N. Salib make one of the most evil and admittedly most brilliant calls ever to further a gun control agenda by using the doctrine of qualified immunity.

This video is based on my article of the same name, recently published to Substack:
https://constitutionallaw.substack.com/p/qualified-immunity-as-gun-control
Even if you have read the article this video may well be worth a watch anyway, as I have elaborated on certain topics first discussed in the article, such as judicial scrutiny.

The original article by Krishnamurthi and Salib was largely written as a response to a notable case filed by the U.S. Fifth Circuit on Feb 02, 2023
~United States v. Rahimi, 61 F.4th 443, 448 (5th Cir. 2023). https://cases.justia.com/federal/appellate-courts/ca5/21-11001/21-11001-2023-02-02.pdf?ts=1675384240
What makes U.S. v Rahimi so notable is that the Supreme Court has chosen to grant cert on this case, following a petition filed by the DOJ on the following question presented: “Whether 18 U.S.C. 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face.”
This case has a high likelihood of ending up as a landmark 2A case in their upcoming term…

ORIGINAL ARTICLE
Krishnamurthi, Guha and Salib, Peter, Qualified Immunity as Gun Control (July 5, 2023).
Notre Dame Law Review Reflection (forthcoming 2023),
https://ssrn.com/abstract=4500816

SHOW NOTES
For all other links and citations, as well as a full transcript of this podcast episode head over to episode show notes page – https://constitutionallaw.substack.com/p/qi-as-gc

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