Bad Boy Jurisprudence’s Doctrinal Outputs: The Bruen-Rahimi DistinctionThe conservatives’ treatment of two Second Amendment challenges to gun control regulations offers insight into how bad boy jurisprudence might mediate seeming inconsistencies in conservative jurisprudence. The structural consequences of bad boy jurisprudence are evident in the Roberts Court’s Second Amendment jurisprudence. C. Bad Boy Jurisprudence in Transsubstantive Legal RegimesTranssubstantive doctrinal contexts, where the governing legal context or doctrine is one whose “form and manner of application do not vary depending upon the antecedent legal regime that the dispute implicates,” present a special case for bad boy jurisprudence. D. Establishing Out-Groups: The Rhetoric of Bad Boy JurisprudenceBad boy jurisprudence needs bad boys, and a core element of bad boy jurisprudence is the use of framing, narrative, and rhetoric to brand the bad boy(s) in a given story. And the logical next step of bad boy jurisprudence — denying legal protection to unsympathetic bad boys — requires that the stage be set this way.

Source: Los Angeles Times March 10, 2026 16:20 UTC