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Justice Kennedy on Heller: A Must View

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.

One Response to “Justice Kennedy on Heller: A Must View”

  1. mariner says:

    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.

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