There is a lot of statistical disagreement on whether the Miranda rule saves lives or not, whether it results in the release of dangerous people who have confessed to their crime but the confession can’t be used. We don’t — we don’t resolve questions like that on the basis of statistics, do we?
Well, why would this one be resolved on the basis of statistics? If there is a constitutional right, we find what the minimum constitutional right is and everything above that is up to the States.
Justice Antonin Scalia
March 2, 2010
Regarding the incorporation of the Second Amendment.
Oral arguments in OTIS MCDONALD, ET AL., : Petitioners : v. : No. 08-1521 CITY OF CHICAGO, ILLINOIS, ET AL.
[As expected, he uses a better example than I did yesterday when refuting Half-Truth Henigan’s claim that the Second Amendment is the most dangerous right.–Joe]