There were 67 amicus briefs (a record number) filed in the Heller case. Forty-seven of those supported our side. Many of our supporters addressed, and rebutted, Pauline Maier’s historical account — for an example, here’s the brief filed by Academics for the Second Amendment. Scalia, Stevens, and Breyer dealt with the historical arguments ad nauseam in their opinions. Whatever conclusions Maier may have reached, her arguments lost.
So it must have been a slow day at the New York Times to justify allocating its presumably valuable op-ed space to regurgitating a settled constitutional debate.
— Robert A. Levy is chairman of the Cato Institute.