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  • What the Heller? Is Only the Supreme Court's Liberty Enhanced?


    So what exactly is the scope of the "gun right" discovered by Justice Scalia in Heller? And why aren't the John McCain and Barack Obama unlikely to say much about it? Has Justice Scalia become a natural law originalist? Be patient, the Justices will instruct us in these matters of liberty or is that a denial of liberty, itself? Read More...
  • Hills of Beans


    Hi, Orin , the Supreme Court's role is modest on some fronts, yes—I agree that deciding that child rapists can't be executed is not of the same order as upholding the death penalty in the first place. Or that outlawing one method of late-term abortion Read More...
  • Roe, Heller, Politics, and Jack


    Jack — You really should not be required to repeat yourself, and so I apoligize for making you go through it all again. But at last, I get it! It's not the justices who are acting strategically, only the presidents who appoints them. Once they appoint Read More...
  • Of Heller, Roe, and Politics


    At least one leading conservative believes the court fell down on the job in Heller if it views its job as making decisions in ways that create political debates sure to help Republicans, adding further support for my view that the claims by some that Read More...
  • Guns and Slate


    C'mon, Orin, you don't give us enough credit with your non-Volokh post . There are plenty of truck-ownin', tobacco-usin', gun-shootin' folks here at Slate . Admittedly, we're a bit of a discrete and insular minority within the Slate family, but I don't Read More...
  • Non-Volokh


    In case some readers here may have tried to visit the Volokh Conspiracy today, we're, um, having problems due to incoming traffic. The site is not letting any of us bloggers log in to post, so although we have a ton of posts we want to write about Heller Read More...
  • What?


    Adam , do you mean to tell me I still can't hunt in Rock Creek Park ? And I can't go on homosexual romps there, either? What's the point of having a Constitution if it's not going to give me any rights? So, fine, if I run down a deer , I'm keeping my Read More...
  • On the Bright Side ...


    But if you really do want to go hunting, Rosa, I hope your first kill is the deer that ran out in front of my truck in the Northern Virginia suburbs on Sunday! Read More...
  • Rock Creek Park?


    Now, Rosa , before we get all indignant or sarcastic (and I certainly hope you were being sarcastic), let's not allow ourselves to fall prey to exaggerated readings of today's gun decision. For example, let's not overlook Pages 54-55 of the court's opinion Read More...
  • Hooray, Now We Can Go Hunting


    ... in Rock Creek Park! At last! (See the Supreme Court's decision in District of Columbia v. Heller , striking down the D.C. ban on handguns.) When I bag my first D.C. deer with my handgun, I will send a shoulder of venison to Justice Scalia in grateful Read More...
  • Guns & the 14th amendment


    Jack is right to point out that the privileges or immunities clause of the 14th amendment was indeed, as Senator Howard at the time explained, intended to incorporate Corfield's partial listing of natural rights as well as the Bill of Rights, including Read More...
  • As originally understood, the Second Amendment has nothing to say about the DC City Council's handgun ban


    What might the Supreme Court be writing regarding the DC handgun ban? If the oral argument is any guide, and hopefully it will not be, the Court is invalidating the DC handgun ban, when an originalist understanding would reach the exact opposite result. Read More...
  • Hypocrisy Without Hypocrites


    Eugene Volokh takes Dahlia Lithwick to task for accusing Republican Supreme Court justices of hypocrisy when in fact they are merely applying their (" conservative ") judicial philosophies in a consistent manner. Dahlia thinks that conservatives believe Read More...
  • Guest poster Richard Schragger on externalist versus internalist views of the Constitution


    Richard Schragger is another Slate contributor who teaches at UVA law school. He sent in this email in an effort to clarify where you and I differ Jack. In his post concerning the “living Constitution” Jack takes Dahlia to task for her naiveté – how can Read More...
  • Guest poster James Ryan on the influence of social movements on the courts


    I’ve been getting lots of interesting emails about my conversation with Jack about the proper role of social moments in constitutional courts so I thought I’d share some of the best. James Ryan teaches at the University of Virginia and has written for Read More...
  • I like my living constituion medium rare


    Jack, thanks for your thoughtful post on the drawbacks of living constitutionalism. I don’t imagine you really believe that the version of living constitutionalism you’ve unspooled -- if it’s living constitutionalism at all – is one I’d embrace. That’s Read More...
  • Cheney is Not a JAG


    I'm not inclined to defend Cheney's freelancing in Heller , but I do think David's being a little too facile when he says in this post that "the next time a unitarian tells you the JAGs in the military, civil rights lawyers in Justice, or scientists throughout Read More...
  • An unoriginal thought about Heller


    Musing on the oral argument in Heller , which I just found time to digest (check out the read-along-picture-book -like function at Oyez.org): Anyone else struck by the oddity of an originalist focus with regard to the existence vel non of an individual Read More...
  • More on Heller and Roe


    Suppose that a number of people form a group in order to obtain some goal, X. They appoint some of their members to be the leaders of the group. These leaders quickly realize that if goal X is actually achieved, the group will disband, and the leaders Read More...
  • What's Fundamental About a Fundamental Right?


    [Deborah Pearlstein] Can't wait to read the Obama posts, but first thanks to Jack for the interesting post about the nature of constitutional rights, fundamental and otherwise. Nonetheless, I confess it didn't quite overcome my lingering sense of puzzlement Read More...
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