Bench Memos

Originalism Under the Gun

At Public Discourse, Gregory J. Sullivan reflects on “The Problem with the Supreme Court Conservatives,” as the Court prepares to take up the question whether to apply its Heller ruling on the Second Amendment to the states.  Sullivan will take a lot of flak on the right, but he has a really good argument about the thicket of government-by-judiciary that the conservative justices appear ready to plunge into.