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.

2 thoughts on “Justice Kennedy on Heller: A Must View”

  1. 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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