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.
