scalia heller Archives - The Truth About Guns

Cornell: Originalism Means Gorsuch and Barrett Should Rule in Favor of Strict Gun Control

March 6, 2025April 30, 2021 by Dan Zimmerman

In another of Heller’s odd intellectual moves, Scalia read the Second Amendment backwards, and in the process effectively erased the text’s preamble. To justify this unusual reading strategy, an interpretive approach that Stevens reminded his colleagues on the bench had never been done in the court’s history, Scalia cited legal treatises written decades after the adoption of the Second … Read more

Phew! Deep Linguistic Research Confirms Scalia’s Heller Interpretation of the Right to Keep and Bear Arms

March 6, 2025February 29, 2020 by Dan Zimmerman

Finally! Proof positive that the right to keep and bear arms as described in the Second Amendment is, in fact, an individual right. [I]t is not enough to consider keep and bear arms in a vacuum. The Second Amendment’s operative clause refers to “the right of the people.” We conducted another search in [Corpus of … Read more

Eleven Years of Ignoring the Heller Decision is More Than Enough

June 2, 2019 by Dan Zimmerman

New York State Rifle & Pistol Association v. City of New York gives the Supreme Court its best chance to stop cities, states and lower courts from thumbing their noses at the Second Amendment. The late Justice Antonin Scalia wrote: “We know of no other enumerated constitutional right whose core protection has been subjected to … Read more

Fairchild: You Think Gun Rights are Inalienable? Read the Heller Decision

January 28, 2019 by Kat Ainsworth Stevens

Some wonder why lower courts have openly thumbed their noses at the Heller and McDonald decisions over the last decade. Scalia went out of his way to make clear that “nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws … Read more

© COPYRIGHT 2025, THETRUTHABOUTGUNS.COM. ALL RIGHTS RESERVED.