March 24, 2011


I've been working on a brief this week that involves the Second Amendment and the Supreme Court's 2008 decision in Heller.  In that opinion, Scalia, writing for the Court, dissects Breyer's dissenting opinion, particularly it's attempt to apply some sort of interest balancing test in such cases.  As Scalia concludes:
After an exhaustive discussion of the arguments for and against gun control, Justice BREYER arrives at his interest-balanced answer: because handgun violence is a problem, because the law is limited to an urban area, and because there were somewhat similar restrictions in the founding period (a false proposition that we have already discussed), the interest-balancing inquiry results in the constitutionality of the handgun ban. QED.
For reasons that have absolutely nothing to do with the Second Amendment or Justices Scalia and Breyer, everytime I read that, I think of this:

I only hope the court doesn't think my argument is a load of fetid dingo's kidneys.

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