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June 02, 2009


Matthew Harris

Typo alert - I meant to write:

Let's NOT confuse ...


Matthew Harris

Let's confuse deference to a 19th century opinion with holding that the 2nd amendment isn't incorporated by the 14th.

The opinion on which the 2nd and 7th Circuit rely was written before the incorporation doctrine was even developed. Frankly, that case has been overruled by 50 years of incorporation jurisprudence, and it would be shocking if the Supreme Court held otherwise when it considers the question.

The biggest problem with Sotomayor's opinion was that she wrote that it was "well-settled" that the 2nd Amendment didn't apply to the states, when the truth is that it was far from well-settled, for the reason I described above.

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