Thread: SCOTUS musings
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Old December 8, 2018, 11:37 AM   #30
Glenn E. Meyer
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Join Date: November 17, 2000
Posts: 20,064
Here's another take on the misuse and problems of Heller. Nice section on the 'common' problem.

http://thefederalist.com/2018/05/09/...ond-amendment/

From the same author as to why Kavanaugh is not a guaranteed savior:

http://thefederalist.com/2018/10/24/...ct-gun-rights/

Quote:
Heller Is a Catastrophe in Waiting

As I explained previously, Heller, based upon an egregious misreading of the Supreme Court’s decision in U.S. v. Miller (1939), coupled with an express rejection of the Second Amendment’s underlying goal, allows the prohibition of any arms that are not “in common use,” with “common” defined however legislators, executives, and judges see fit. Contradicting itself, Heller even expressly endorses a ban on the M16, the most common rifle in the organized militia (see 10 USC 311) for the last 50 years.

Furthermore, the malleable “common use” standard could be used as the basis for banning semi-automatic rifles such as the AR-15, today the rifle most “in common use” by the militia’s unorganized component and the rest of the citizenry, and the ammunition magazines they and semi-automatic handguns are designed to use. Potentially more importantly, it establishes a rationale for banning all arms of the future, especially those employing technologies not yet introduced, on the basis that they are not yet “common” by any definition of the word.
The author points out that the court can't be predicted so we can't know if Kavanaugh would do XY or Z.
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