Tuesday :: Jul 8, 2008


by Turkana

Jack Balkin and Sandy Levinson have been trying to figure out the rationale for the Heller ruling. What it comes down to is this:

...I don't think the right recognized in Heller is really about protecting a right of self-defense. Behind all the talk about self-defense lies a larger and more powerful set of cultural concerns. Heller is about the right of people to own guns, and to use guns. That is the cultural meaning of Heller, and it is the right that social movements for gun rights have been particularly concerned to protect.

In other words, the Scalia faction once again made a ruling based not on Constitutional principles, or on the specifics of the case. They made a ruling based purely on politics. Rather than making their ruling based on the facts and the law, they looked for facts or possible interpretations of law that would justify the ruling they wanted to make.

Turkana :: 4:08 PM :: Comments (16) :: Digg It!