Perhaps in some cases a studied commitment to atheism leads one to the priesthood, but judges doubtless understand the advantage of Justice Breyer’s approach in sanctioning just about any result they would like to reach. Dispensing with the constraints of text and history, and deferring absolutely to legislative “judgment” overcomes any constitutional “right.”
April 11, 2014
Harvard Law Review Forum
The Second Amendment as a Normal Right: Ruling out ad hoc interest-balancing
[H/T Glenn Reynolds.
In this commentary Gura also makes the abortion rights analogy similar to what Lyle has done here.
See also what Sebastian has to say about Gura’s commentary.—Joe]