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Thread Like Summary
NW Ponderer
Total Likes: 2
Original Post (Thread Starter)
by NW Ponderer
NW Ponderer
This is a fraught topic, touching on both gun "rights" and "originalism" in judicial philosophy, but here goes: Barrett and Gorsuch Have to Choose Between Originalism and Expanding Gun Rights (Slate). The premise of the piece is that the Heller decision, which animated "gun rights" (creating a "right" that didn't previously exist), has been undercut by a decade of research that demonstrates its historical basis was just plain wrong.
Justices Gorsuch and Barrett have staked their reputations on their commitment to apply originalist methods in a neutral manner and let the evidence dictate the outcome. Will they follow through on that promise in Corlett? Research and scholarship published in the decade after Heller will force them to put their earlier promises to the test. It now seems clear that if they apply originalism in a neutral fashion they will have to choose between Heller’s methodology and Heller’s conclusions.

To expand slightly, the article is inspired by the Supreme Court's acceptance of a case, New York State Rifle & Pistol Association v. Corlett, challenging New York's restrictive "concealed carry" law, which requires a justification for the permit to be granted. The Supreme Court’s Conservatives Are Ready to Create a Constitutional Right to Concealed Carry (Slate). I'll have more to say, but I want to get this out there.
Liked Replies
by Greger
Not to put too fine a point on it but originalism is bullsh*t.

The second amendment doesn't say what they say it says and everybody knows it.

Gun ownership under the 2A was an obligation not a right. When the obligation ended it didn't automatically become a right.

Barret and Gorsuch will side with the Republican base because they are part of the Republican base. It won't be a difficult choice for them.
1 member likes this
by logtroll
Originally Posted by NW Ponderer
Are they really "originalist", or, like Scalia, opportunists in originalist clothing?
I think they are frauds in cheat's clothing. Coincidentally, that also happens to be the current operative definition of "Conservative".
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