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Attacking the felon exception in Heller's articulation of Second Amendment rights

By Douglas A. Berman

Adam Liptak in the New York Times has this great article on one of my favorite modern constitutional topics, the Second Amendment and the Supreme Court's work in Heller. The piece is headlined "Ruling on Guns Elicits Rebuke From the Right," and I especially like how it starts and ends: Four months after the Supreme Court ruled that the Second Amendment protects an individual right to possess guns, its decision is under assault ? from the right. Two prominent federal appeals court judges say that Justice Antonin Scalia's majority opinion in the case, District of Columbia v. Heller, is illegitimate, activist, poorly reasoned and fueled by politics rather than principle. The 5-to-4 decision in Heller struck down parts of a District of Columbia gun control law...continue to full post

Full post as published by Sentencing Law and Policy on October 21, 2008 (boomark / email).