Bruen and Beyond: The Future of Tiers of Scrutiny in Constitutional Analysis

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The Federalist Society and The Law and Public Policy Program (LPP) at The Catholic University of America Columbus School of Law (Catholic Law) hosted Professor J. Joel Alicea, Co-Director of the Project on Constitutional Originalism and the Catholic Intellectual Tradition, the evening of Wednesday, April 12, 2023.

Alicea discussed the future of the “tiers of scrutiny” method of constitutional analysis in light of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen. In his presentation, Alicea explained the tiers of scrutiny, arguing that, following Bruen, the Court will likely reject this method in other areas of constitutional law. He additionally provided reasons for why the Court, in his view, should continue rejecting the tiers of scrutiny.

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