Justice Clarence Thomas's 2022 directive presents a significant challenge as courts struggle with the historical tradition test to evaluate Second Amendment laws, creating confusion.
Chief Judge Albert Diaz noted that the judiciary is trying to navigate a complex system created by the one-dimensional historical test introduced by Thomas.
Legal experts like Jacob D. Charles warn that unresolved issues regarding firearm regulations could prompt the Supreme Court to revisit this contentious area of law.
The requirement to find historical analogies for current gun laws has resulted in unexpected findings, complicating the courts' assessments of constitutional validity.
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