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 …
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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 …
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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.
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Haven't seen your book yet, Rick, but do you delve into Doe v. Reed (2010), and Scalia's concurrence, on whether disclosure of referendum petitions violates 1st Amendment protections?
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I talk a lot about his democracy cases, and his views supporting disclosure. Chapter on that called “Home of the Brave,” a quote from Doe.
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I was pleasantly shocked, while sitting in SCOTUS during Doe oral argument, not only when my Direct Democracy Scholars amicus was mentioned (twice!), but when
#Scalia and#NotoriusRBG tag-teamed Jim Bopp on right to privacy, pummeling him into submission
End of conversation
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Question: isn't there a contradiction between textualist and originalist interpretations of laws? What if lawmakers mean to write one thing, but are bad at expressing themselves and therefore end up writing another thing?
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It's a weapon, not a belief.
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He believed in an actual devil, he was a full on nut.
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I look forward to reading your book when it arrives next week!
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how. convenient.
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