The Yale Law Journal

Eric Ruben


Originalism-by-Analogy and Second Amendment Adjudication

Joseph Blocher & Eric Ruben

In New York State Rifle & Pistol Assn v. Bruen, the Supreme Court announced a novel historical-analogical approach to constitutional decisionmaking. The Court sought to constrain judicial discretion, but Bruen’s originalism-by-analogy has enabled judicial subjectivity, obfuscation, and unpredictabi…


Firearm Regionalism and Public Carry: Placing Southern Antebellum Case Law in Context

Eric Ruben & Saul Cornell

Introduction During recent oral arguments in Peruta v. County of San Diego, a case being reconsidered en banc in the U.S. Court of Appeals for the Ninth Circuit, former Solicitor General Paul Clement turned to what may appear an unusual guide for interpreting the scope of the Second Amendm…