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Old November 26, 2020, 10:16 AM   #113
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Join Date: January 25, 2013
Posts: 310
The problem with writing for the majority in a 5-4 majority is that if you hew too closely to a strict, textualist approach you may find yourself writing for the minority. I have no way of knowing, but I have always believed that's why the Heller decision included some of the truly horrible things such as the "existing, presumptively lawful" reference to other gun laws on the books, and the general ducking of all issues pertaining to evil black, "military looking" rifles. With no proof whatsoever, I believe that Scalia included those provisions in order to get Kennedy's vote on the issue.
I d believe it has leaked from clerks on that court that that is exacly what happened
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