The Second Amendment Doesn't Say What You Think It Does



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"This is the triumph, in some ways, of originalism—Justice Scalia's intellectual triumph in changing the way people make arguments in front of the Supreme Court. And yes, there are some other cases where it's been pretty common. What's interesting is that since Heller, there have been dozens of cases in lower courts. Heller said: Yes, there is an individual right, but it can be limited. And the extent of the limits wasn't really clear. Well, dozens of judges have ruled since then, and overwhelmingly, they have upheld district gun laws. They've said, "Yes, there's an individual right, but society, too, has a right to protect itself." So maybe Heller's importance is not so great. And as this judicial consensus has developed across the country to uphold gun laws, we haven't yet heard from the Supreme Court one more time. So I think the Supreme Court isn't done yet." Michael Waldman