Mass shootings, culture war e diritto individuale a detenere e portare armi negli U.S.A. Brevi riflessioni sul ruolo della Supreme Court, traendo spunto da un’invettiva del giudice Thomas

By on Ottobre 2, 2018

After briefly summarizing the developments of the U.S. Supreme Court constitutional jurisprudence concerning the II Amendment to the Federal Constitution (Right to Keep and Bear Arms), the paper focuses on the level of scrutiny that is currently applied by U.S. courts in the judicial review of the regulation on access and possession of firearms. The possible connections between constitutional jurisprudence, lack of preventive effectiveness of gun regulations and the tragic phenomenon of the so called Mass Shootings are then investigated. A recent dissent from the denial of certiorari by conservative Justice Clarence Thomas offers the opportunity to evaluate in a broader perspective the political-institutional role played by the High Court in this field, postulating also some possible future developments of its action.


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Andrea Buratti, Alessandra Di Martino, Cristina Fasone, Giuseppe Martinico, Anna Mastromarino, Oreste Pollicino, Giorgio Repetto, Raffaele Torino