Posts Tagged heller

Time To Rectify Heller

From The Federalist:

Heller adopted the nonsense whole cloth. Ironically, the opinion was written by Justice Scalia, renowned as the court’s great originalist. Ironic, in that there is nothing in the legislative history of the Second Amendment to support a “common use” test.

As Judge Benitez wrote, “The command of the Amendment is that the right to keep and bear arms ‘shall not be infringed.’” Not some arms, but “Arms.” And not “infringed too much,” but “infringed” at all.

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Silence For 12 Years After Heller

From Reason:

Give it time, we were told. Wait a few years and the Court would eventually clarify the doctrine. The Second Amendment is now normal constitutional law, we were assured. And so time lapsed. 2011. 2012. 2013. 2014. Nothing.
Finally, in 2015, Justices Thomas and Scalia wrote two dissents from denial of cert. They called out their colleagues out for abdicating the Second Amendment. In December 2015, I wrote in National Review, “The lower courts continue to whittle away the Supreme Court’s rulings in District of Columbia v. Heller and McDonald v. Chicago, while seven justices stand by quietly, refusing to intervene.”

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