Second Amendment Blog
Justice Kennedy on Heller: A Must View
Posted by:Sebastian on 
Aug 12th, 2008 | 
Filed under: 2nd Amendment
Orin Kerr points out a video by Justice Kennedy that mentions the Heller decision as a great teaching decision (38 minutes in). Professor Kerr opines:
In particular, Justice Kennedy appears to suggest around the 40-minute mark that he will take a living constitutionalist approach to the Second Amendment that may point to more gun rights under the Second Amendment than an originalist approach would provide.
I believe I read a few weeks ago that Alan Gura was not quite so worried about Justice Kennedy as he was about others. This would indicate that was good judgement. I wouldn’t bet the farm on it, but it would seem that Justice Kennedy might not be the vote we have to be concerned might waver.
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August 12th, 2008 at 8:52 am
[...] Seems Justice Kennedy continues to impress on gun rights. And he was the one we were worried about. [...]
August 12th, 2008 at 12:47 pm
A “living Constitutionalist” approach to the Second Amendment is exactly what brought us to the nadir of individual rights in this country, and Heller was just a bump in that road.
That “death” part of the “cycle of death and rebirth” is a bitch.