Expert Historian Testimony Is Unnecessary in Second Amendment Litigation

By Stephen P. Halbrook
The Volokh Conspiracy
January 18, 2026

In Wolford v. Lopez, the Supreme Court has the opportunity to clarify for the lower courts the difference between legislative and adjudicative facts. Lower courts hostile to the Second Amendment routinely confuse legislative and adjudicative facts, seeking to turn Second Amendment litigation into an expensive and time-consuming battle of the academic experts and historians where the “winner’s” opinions are insulated from review absent a finding of clear error.

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“Expert Historian Testimony Is Unnecessary in Second Amendment Litigation,” The Volokh Conspiracy, January 18, 2026.