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August 14, 2008

The Supreme Court and Gun Control

Judge Richard Posner comments on District of Columbia v. HellerThe article can be accessed here.  I love when scholars point out that Antonin Scalia is not as "originalist" as he lets on and is much more pragmatic and political than he professes vigorously to be.  He says, "[Scalia's] opinion acknowledges that allowing people to keep guns in their homes cannot help the militias, because modern military weapons are not appropriate for home defense (most of them are too dangerous)."  "The Framers of the Bill of Rights could not have been thinking of the crime problem in the large crime-ridden metropolises of twenty-first-century America, and it is unlikely that they intended to freeze American government two centuries hence at their eighteenth-century level of understanding."

The Heller opinion is here, all 157 pages.

August 14, 2008 in Supreme Court | Permalink


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