Constitutional Law

Gura contra Wilkinson

Here's Alan Gura's response, scheduled for UCLA Law Review, to Judge Wilkinson's anti-Heller article. Wilkinson argued that conservatives should reject Heller -- implicitly using his own definition of conservative as someone strongly disfavoring courts' striking down of legislation on constitutional grounds. (Personally, I suspect that definition evolves out of a relatively small number, whose beliefs were created against the background of the Warren Court's ... well, beating up their views during the 1960s and early 1970s. Losing hurts, and in reaction they challenged the legitimacy, not of the arguments employed, but of the entire idea that courts ought to enforce the Constitution (or at least do so without the most extreme reluctance).

BTW, to download Alan's article: go to the link. You'll see a one-para abstract. Above the title, click on Download. A new page appears, so like the former one that you'll probably miss fact that it's new. But just below download bar is a button for "SSRN." Click on that and you'll get the download. No idea why SSRN makes it this hard.

Full post as published by Of Arms and the Law on July 07, 2009 (boomark / email).