Thursday, June 26, 2008

Dave Kopel on Heller

This from Dave Kopel on Pajamas Media:
The Supreme Court’s decision upholding the Second Amendment, and striking down the District of Columbia’s handgun ban and the ban on the use of any firearm for self-defense in the home, is solidly reasoned. Although the case leaves ample room for moderate gun control laws, the case casts doubt on the continuing validity of a variety of other gun prohibitions.

Justice Scalia, who has long shown an interest in firearms law and policy, wrote the majority opinion, joined by Chief Justice Roberts and Justices Thomas, Kennedy, and Alito. A dissent written by Justice Stevens, and joined by Justices Souter, Ginsburg, and Breyer argued that the Second Amendment protects only an individual right of vanishingly small proportions — the right of a militiaman not to be disarmed by the federal government when he is on active militia duty. Justice Breyer wrote a separate dissent, joined by the other three dissenters, arguing that even if the Second Amendment protects all law-abiding citizens, the handgun ban should be upheld because it is reasonable.
Today the law-abiding citizens of D.C. regained their right to defend themselves in their home, and to use the most suitable defensive arm for that purpose. But the bigger winner today was the Constitution itself, vindicated by a majority decision which was faithful to the Constitution’s text, and to the spirit of liberty which animated the American people who drafted and ratified the Second Amendment.
We'll be talking to Dave later today on DRTV.

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