Heller Sequels And 2nd Amendment, Still Undecided: Part 3

By Robert W. Ludwig (August 24, 2017, 6:06 PM EDT) -- Part 1 of this article discussed the absence of sequels a decade after D.C. v. Heller (2008), in which the U.S. Supreme Court  "creat[ed] a new blockbuster" individual right to guns "not apparent to the court for over two centuries," as critiqued by Fourth Circuit Judge Harvie Wilkinson, but seems not to want "to deal with any of the more unpleasant consequences of such a right." As generally overlooked, a narrow 5-4 majority, lacking guidance from academics who consider the Second Amendment "baffling," based its new "right" on implication and guesswork, perpetuating mass oversights. Also overlooked is another unpleasant consequence: Heller, in taking legislative "policy choices off the table," never decided the full amendment, including the prohibition and verb ("infringed") on which it rests....

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