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Bench Memos

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An Inclination to Dissent



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I have been travelling on a spring break from teaching and haven’t had a chance yet to read the 75 pages of the Parker decision on which so much comment already appears around here. But I will say that I am inclined to be skeptical of the ruling, not just because I have doubts about the so-called “standard model” and its historical persuasiveness, but because I doubt still more strongly that the Second Amendment was ever intended to be “enforced” judicially in any way, shape, or form. I am an equal-opportunity skeptic on the judicial power, however: I think the same thing is true of the First Amendment.

More on another day when I have caught up . . .


Tags: Franck


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