Thursday, October 23, 2008

Re: Heller

The article Stephanie cited contained this gem:

The New Republic in August, wrote that Heller’s failure to allow the political process to work out varying approaches to gun control that were suited to local conditions "was the mistake that the Supreme Court made when it nationalized abortion rights in Roe v. Wade."

Heller specifically stated that, like most rights, there are numerous restrictions that the political process may place on guns. After a litany of examples, the court went on to footnote: We identify these presumptively lawful regulatory measures as examples; our list does not purport to be exhaustive. (FN 26 on p. 55) Heller merely stated that the DC ban went too far.

[Update: Stephanie linked to make a different point.]

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