"This Decision Will Cost American Lives": A Note on Heller and the Living Constitution
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Posted Friday, June 27, 2008, at 12:28 AM
In the
Boumediene
decision a few weeks back, Justice Scalia argued that the majority's decision giving Guantanamo detainees a right to a judicial hearing would cost American lives. One could probably say the same thing of Justice Scalia's majority opinion in
Heller
. After all, if you lift the ban on handguns in the District of Columbia, it's entirely possible that some additional people will be killed as a result.


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