Daniel Harawa
- Indexed articles, last 90 days
- 2
- Latest publication
- Aug 24, 2026
- Outlet visibility, for SCOTUSblog
- Top 500K sites
- Earliest in this view
- Jul 21, 2026
Latest articles
The court’s clearly established problem (opens the original)
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If a person is convicted of a crime in state court, they can petition a federal court for relief by claiming that their conviction violates the federal constitution. However, the federal court does not get to consider that claim afresh. Rather, the Antiterrorism and Effective Death Penalty Act of 1996 requires federal courts to defer to the state court’s ruling on the federal constitutional claim so long as it was not “contrary to, or involved an unreasonable application of, clearly established
The history the court would rather not see (opens the original)
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In 2021’s New York State Rifle & Pistol Association v. Bruen, the Supreme Court held that modern gun laws must be “consistent with the Nation’s historical tradition of firearm regulation” to survive a Second Amendment challenge. Under that newly announced history-and-tradition test, defenders of gun laws must point to historical analogs that similarly regulated firearms to pass constitutional muster. From the start, Bruen’s methodology raised many questions. How analogous to a historical law mus
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