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NOTE! This is a real-time comments system. As such, it's also a free speech zone within guidelines set forth on the Post Comments page. Opinions expressed here may or may not reflect those of KeepAndBearArms staff, members, or any other living person besides the one who posted them. Please keep that in mind. We ask that all who post comments assure that they adhere to our Inclusion Policy, but there's a bad apple in every bunch, and we have no control over bigots and other small-minded people.  Thank you. --KeepAndBearArms.com

The Below Comments Relate to this Newslink:

Disrupting the consensus on Second Amendment doctrine would be a mistake
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

There is 1 comment on this story
Post Comments | Read Comments

 
But when it comes to Second Amendment doctrine and methodology, the stakes are higher than they’ve been in a decade. If the petitioners have their way, the Supreme Court could reject the mainstream approach for deciding Second Amendment questions in favor of a more radical test focused solely on “text, history, and tradition” and without consideration of contemporary realities of guns and gun violence. That would be a mistake.
 

Comment by: PHORTO (11/21/2019)
What horsehockey.

Scalia specifically wrote in Heller that no fundamental right can be subject to a free-standing interest-balancing test. That is why he rejected the three-tiered "scrutiny" system in adjudicating the right to arms in favor of "text and history" analysis.

The author is correct that this method wasn't spelled out in a single sentence, but he's lying by insisting that the Heller Court didn't in fact establish the appropriate means in deciding such questions.
 

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