Originalism Risks Tarnished Brand in High Court Gun Rights Case

Supporters of originalism could have a public relations problem if the US Supreme Court doesn’t uphold a federal law that disarms domestic abusers.

The court’s 6-3 conservative majority based its decision to expand gun rights in 2022 on the legal theory that the Constitution should be interpreted as it was understood at the time of the nation’s founding.

It would look unreasonable, some legal scholars say, if the court turns to originalism this term to strike down a federal law that prevents people subject to domestic violence restraining orders from owning a gun.

“The notion that an originalist understanding of ...