This past Thursday, I was delighted to participate in the 36th Annual Jefferson B. Fordham Debate at the University of Utah, S.J. Quinney College of Law in Salt Lake City.
People keep and carry weapons for all sorts of reasons. What kind of reasons should the law respect? Governments regulate the keeping and carrying of weapons for all sorts of reasons. What kind of reasons should the law reject?
On Thursday, in American Legion v. American Humanist Association, the Supreme Court held that a Latin cross installed over ninety years ago on public land to commemorate fallen World War I soldiers did not violate the Establishment Clause. In doing so, Justice Alito, writing for the plurality, shied away from the much-criticized Lemon test and instead opted for “a presumption of constitutionality for longstanding monuments, symbols, and practices” that have religious connotations.
“Second Amendment sanctuary counties”—counties that refuse to enforce state regulation of firearms—represent the latest skirmish in the seemingly interminable debates over gun policy in America; debates that, more often than not, break along geographical, cultural, and political lines: urban versus rural; blue versus red.