Jackson Urges Court to Retire 2022 Bruen Gun Test as Justices Split 6-3 on Method
Updated
Updated · USA TODAY · Jun 18
Jackson Urges Court to Retire 2022 Bruen Gun Test as Justices Split 6-3 on Method
3 articles · Updated · USA TODAY · Jun 18
Summary
Justice Ketanji Brown Jackson said the Supreme Court should consider retiring the “failed Bruen experiment,” calling its 2022 historical-tradition test for gun laws unworkable in a concurrence joined by Justice Sonia Sotomayor.
The criticism came as the court unanimously struck down a federal ban on gun possession by regular marijuana users, with Jackson agreeing with the outcome but arguing judges should not have to mine centuries-old laws for modern analogies.
Lower courts still struggle to apply Bruen even after the justices, minus Clarence Thomas, eased its use in a later ruling, leaving decisions on gun restrictions uneven across the country.
A Hawaii case due by month-end could offer the next test of that framework, though analysts say Thursday’s narrow ruling suggests the court may avoid broad new guidance on firearms in stores and other sensitive places.
After clearing gun rights for marijuana users, will the Court next allow firearms in parks, stores, and restaurants?
If judges aren't historians, how can they fairly apply a gun law test that relies entirely on the past?
The Unworkability of the Supreme Court’s Bruen Test: Modern Challenges and the Future of Gun Regulation
Overview
The Supreme Court's 2022 Bruen decision created a new 'history and tradition' test for gun laws, sparking ongoing debate among justices and lower courts about its relevance to modern issues. This tension was highlighted in a 2026 unanimous ruling on gun rights for marijuana users, where justices disagreed on whether to rely on historical analogies or modern views. Critics, including Justice Jackson and legal experts, argue that judges are not historians and that using 18th-century standards for today's gun laws is unworkable. The Court's approach has led to confusion and inconsistent rulings, showing the challenges of applying old traditions to current problems.