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Eric Segall’s Originalism as Faith is a quick, easily-digestible summary of the conventional wisdom about the Supreme Court’s relationship to original meaning for large portions of the legal academy.

Most clients likely believe that their lawyers have provided outstanding service in such contexts—and most clients are likely correct in that assessment. Given that most lawsuits settle3 and that lawyers play a central role in settlement negotiations and decision-making, however, we must assume that at least some lawyers sometimes fall short of the profession’s standards of care in the settlement context.

The Supreme Court ushered in a dramatic shift in Second Amendment jurisprudence in District of Columbia v Heller, holding that the Second Amendment protects the right to bear arms for “the core lawful purpose of self-defense.” This decision made clear that possession of a firearm need not be tethered to service in a militia. But the Court left open significant questions regarding what exactly that newly defined right entails.

In early 2017, a newly inaugurated President Donald J. Trump tried to force policy change through a flurry of written orders. While some opponents took to the streets to protest, others identified a different forum for resistance: the federal courts. Lawyers, mobilizing at a breakneck pace, sued the President in name to enjoin the implementation of several of his signature orders, including his first travel ban and an executive order involving sanctuary cities.