Despite Scalia’s professed methodology, we can also understand his opinion for the majority [in D.C. v. Heller] as an example of the modern understanding of the right to keep and bear arms, itself heavily influenced by the gun rights movement. Shortly after the Court decided Heller, Professor Reva Siegel described how “Heller’s originalism enforces … Read more
By John Velleco For the last decade, the United States Supreme Court has abdicated its constitutional duty to resolve “cases and controversies” involving the Second Amendment. It has run from its historic duty, as articulated by Chief Justice John Marshall, “to say what the law is.” The High Court has stood on the sideline while … Read more
And so it continues. Twelve years after Heller, we are in the exact same place. The government cannot ban the possession of handguns in the home, but all other gun control laws are reasonable. Keep in mind that only D.C. and Chicago banned handguns outright. Those rulings effected (sic) only those two laws. That’s it! I … Read more
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