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:
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…
Krishnamurthi, Guha and Salib, Peter, Qualified Immunity as Gun Control (July 5, 2023).
Notre Dame Law Review Reflection (forthcoming 2023),
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
Pick up a copy of my book – “Constitutional Sleight Of Hand: An explicit history of implied powers”
Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX
Contact Me – Bob@legaleseshow.com
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