BREAKING NEWS! JUSTICE BROWN JACKSON ATTEMPTS TO DESTROY SECOND AMENDMENT!

Published on June 20, 2026
Duration: 12:31

This video discusses the Supreme Court's decision in US v. Hermine, focusing on Justice Ketanji Brown Jackson's concurrence advocating for the return of 'interest balancing' or 'tiers of scrutiny' in Second Amendment jurisprudence. The speaker argues that seven justices, including liberals like Elena Kagan, rejected this approach, upholding the text-history-tradition framework established in Bruin. The analysis highlights the rejection of using social science data and 'compelling state interest' to balance away Second Amendment rights, emphasizing that such balancing tests are a mid-20th-century invention not rooted in original constitutional interpretation.

Quick Summary

In US v. Hermine, Justice Ketanji Brown Jackson advocated for 'interest balancing' to allow gun control laws to override Second Amendment rights. However, seven Supreme Court justices rejected this, upholding the text-history-tradition framework and preventing subjective balancing of rights based on modern interests.

Chapters

  1. 00:00Breaking News: Jackson's 2A Argument Rejected
  2. 00:40Host Introduction: Mark Smith, Constitutional Attorney
  3. 01:30US v. Hermine: A Major Win for the Second Amendment
  4. 03:10The Risk of Interest Balancing
  5. 04:10Jackson's Concurrence: Bringing Back Interest Balancing
  6. 06:00Seven Justices Reject Balancing Test
  7. 07:30Why Bruin's Methodology is 'Unworkable' (Jackson's View)
  8. 10:00Critique of Historical Interpretation Claims
  9. 12:00The Flaws of Tiers of Scrutiny and Interest Balancing
  10. 15:00Constitutional Law: Original Intent vs. Modern Constructs
  11. 17:00The People Already Balanced Interests in 1791
  12. 19:00Heller, McDonald, and Future Battles
  13. 21:00Conclusion: Good News for AR-15 Fights

Frequently Asked Questions

What was Justice Ketanji Brown Jackson's argument in US v. Hermine regarding the Second Amendment?

In her concurrence in US v. Hermine, Justice Ketanji Brown Jackson argued for the return of 'interest balancing' or 'tiers of scrutiny' in Second Amendment jurisprudence. She suggested that courts should be able to weigh government interests, such as public safety, against an individual's right to keep and bear arms, potentially allowing gun control laws to stand even if they infringe on Second Amendment rights.

Did the Supreme Court adopt Justice Jackson's 'interest balancing' approach in US v. Hermine?

No, the Supreme Court, in US v. Hermine, rejected Justice Jackson's argument for 'interest balancing.' Seven justices, including liberal Justice Elena Kagan, sided against this approach, reaffirming the text-history-tradition framework established in the Bruin decision for evaluating Second Amendment cases.

What is the significance of the rejection of 'interest balancing' for Second Amendment rights?

The rejection of 'interest balancing' is significant because it upholds the methodology established in Heller and Bruin, which focuses on the text and historical tradition of the Second Amendment. This prevents judges from using subjective modern interests or social science data to balance away fundamental rights, reinforcing the protection of arms possession.

What is the historical basis for 'interest balancing' in American constitutional law?

According to the video's analysis, 'interest balancing' and 'tiers of scrutiny' are relatively modern legal concepts, not deeply rooted in the original understanding of the Constitution. The speaker argues that the foundational balancing of individual rights against government power was already completed by the people when they ratified the Constitution and Bill of Rights in 1791.

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