Thursday, June 26, 2008

Supreme Court's Second Amendment Opinion

DC v. Heller is a pretty big case. I have time only for a couple of comments before going to a talk:

[1] The Court imposed some form of heighted scrutiny (presumably, quasi-strict scrutiny or higher). I half anticipated that the Court would declare that the right existed, but would impose only a minimal standard of review (the rationality standard).

[2] Scalia's opinion for the Court speaks about the amendment protecting only weapons in "common use at the time." I haven't had time to read that entire section -- he doesn't mean flintlocks, since the Court struck down the D.C.'s hand-gun ban.

[3] The second-amendment revival actually got started again in the mid-80s as a few liberal law professors began publishing articles that argued that the second amendment was an individual right. I think that gave the cover of respectability to the position that ultimately led to this decision.

I might post more later.

You can read the Court's opinion (along with the dissenting opinions) here.


Post a Comment

<< Home