Thursday, March 30, 2023

Opinion | The Rule of Law Being Eviscerated by Republican Judges | Common Dreams

So-called "Textualist" Antoni Scalia's 5-4 majority opinion in Heller dismissed the clear text about a "well regulated Militia" as merely prefatory and disingenuously claimed that the only operative language was "the right of the people to keep and bear arms" outside the parameters of a militia. It overthrew the precedent of U.S. v Miller (1939) where SCOTUS had ruled that since ownership of a short-barreled shotgun does not have "some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument." 

But even Scalia's opinion held that "Like most rights, the right secured by the Second Amendment is not unlimited. [It is] not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose." According to Scalia's opinion, examples of rights the 2nd Amendment does not protect include firearm possession by dangerous people, firearm possession in sensitive places such as schools and government buildings and conditions on the commercial sale of firearms...


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