Like Scalia, Amy Coney Barrett shares an ‘originalist’ view on Second Amendment

Like Scalia, Amy Coney Barrett shares an 'originalist' view on Second Amendment

The Senate Judiciary Committee hearings for Judge Amy Coney Barrett come as the Supreme Court’s nascent Second Amendment jurisprudence is at an important inflection point. So far, the court has clearly held only that the Constitution protects the right to keep a handgun in one’s home for self-protection. The most practically important questions that have not yet been answered have to do with carrying firearms in public . The justices have hinted that there is such a right, but they have not determined what limits on that right they will recognize, or how far legislatures may go in restricting it. For the past 10 years, the Supreme Court has been dragging its feet by refusing to hear any cases that raise this issue. Several members of the court have protested against this inaction, and it looks as though the next justice may be able to get the court off the dime. If that turns out to be Barrett, we can expect her to provide an intelligent and faithful interpretation of the Constitution. Such an approach is particularly important on this issue at this time because America has been experiencing an extraordinary plague of violent political unrest. Most of the riots and other forms of political violence in recent years have been connected to specific allegations of police misconduct and to broader claims about pervasive racial bias in the use of lethal force by police. Most dramatically, the nation was swept this summer by mass protests after several incidents in […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.