The Supreme Court Keeps Citing ‘History and Tradition.' Whose History?

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The Supreme Court Keeps Citing ‘History and Tradition.' Whose History?
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Many historians are saying the Supreme Court majority’s historical arguments lack context, accuracy, and representation of people of color and women.

. He expressed concern that lower courts might have to conduct"exhaustive historical analyses in every Second Amendment case" and wondered:"How will judges determine which historians have the better view of close historical questions?"

On a call with reporters Thursday, Jonathan Lowy, chief counsel for Brady: United Against Gun Violence, a gun control advocacy organization, said,"the justices rely on a fantasy version of history to cherry-pick historical facts to obtain their policy agenda." The justices and clerks"are not professional historians...at best we could call them really interested amateurs, but they're just not trained in it," says Gautham Rao, an American University history professor with his name on multiple Supreme Court"The question then becomes for historians, 'why is the Supreme Court relying on this version of history in order to decide extremely pressing and important things about the present?'" Rao told LX News.

, which largely focused on the"quickening," a term for when a pregnant person first feels the sensation of a baby turning or kicking in the womb. That tends to happen between four and six months into a pregnancy, she wrote.

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