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Justice Scalia’s Heller opinion appears to leave ample room for state regulation of guns consistent with the Second Amendmenthttps://twitter.com/ninatotenberg/status/970321681192538112 …
Both some originalists and non -originalists have argued that Justice Scalia’s Heller 2d Amendment opinion is an example of the Justice finding a living Constitution, despite his denials (Not that there’s anything wrong with that!)https://www.amazon.com/Justice-Contradictions-Antonin-Politics-Disruption/dp/0300228643/ref=sr_1_1?ie=UTF8&qid=1516904231&sr=8-1&keywords=richard+l.+hasen …
Indeed, as I argue in the new book, the biggest criticism of Scalia from the right is that he was not sufficiently originalist and textualist. He famously told @NinaTotenberg that he was an originalist and textualist “but not a nut.” I spend a lot of time unpacking that.
How soon will the book be available?
This week!
Thanks - for responding - my wife ordered it for me from Amazon arrive date 3/13-after 2000 election was thinking that Scalia would never take the case & let FL Supr CT handle - but he revealed that his vote & opinions were political & proved to be a very poor jurist despite rep
And federal appellate courts have applied this specifically to bans of AR-15s and similar weapons, and high-capacity magazines. Kolbe v Hogan (4th Cir en banc) is most recent example.https://www.reuters.com/article/us-otc-guns/second-amendment-does-not-apply-to-assault-weapons-en-banc-4th-circuit-idUSKBN1612PU …
& here's one important reason why it mattershttps://mobile.nytimes.com/2018/03/04/health/parkland-shooting-victims-ar15.html …
I've noticed that gun-control advocates have gradually warmed to Heller (or made their peace with it) just as pro-choice groups got over their initial reaction that Casey v. Planned Parenthood gutted Roe v. Wade.
Yes, largely bc appellate courts have made clear there's a lot of room for gun control under Heller. At the same time the popular misunderstanding of Heller on both sides runs very deep.
He also said the 2A needs to be codified.
If 2A allows us to restrict guns to people over 18, it allows us to restrict them to people over 21 or to people over 85.
Right now, an assault-style rifle ban at the federal level would result in 4 in favor, 4 opposed and 1 swing vote, Kennedy. I'd give it a 30% chance to survive Constitutional scrutiny.
Pretty explicitly
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