December 23, 2025
Catholic Law's Professor Joel Alicea has published an article titled Bruen Was Right in the University of Pennsylvania Law Review. In the piece, Alicea argues that the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen is both theoretically sound and methodologically principled. He highlights its potential to replace judicial balancing tests, such as the tiers of scrutiny, with a more robust text-and-history inquiry. The article has three components: an exposition of Bruen’s method and justification, responses to scholarly criticisms of its methodology, and a critique of recent defenses of the tiers of scrutiny, ultimately advocating for Bruen as a superior framework for adjudicating constitutional rights.