WaPo: Individual Right to Gun Ownership Created by Supreme Court in 2008
On June 22 Washington Post reporter Robert Barnes argued that the Supreme Court created the individual right to keep and bear arms in 2008, via District of Columbia v. Heller.
No attempt to grapple with our Founding Father's words or intentions was made, but Barnes did make clear his belief that Justice Anthony Kennedy will be key to restricting the right the court allegedly created.
Barnes makes this point by citing UCLA law professor Adam Winkler, who notes Kennedy voted with the majority in Heller, thereby "establishing the individual gun ownership right." But Winkler also contends that "it was Kennedy who insisted" the decision "contain language" making clear the court "was not calling into question reasonable restrictions on gun ownership."
Winkler subsequently suggested the court's finicky appetite toward gun cases since Heller and McDonald v. Chicago (2010) is a reflection of "concern about the way Justice Kennedy is going to go [in future cases]."
For Barnes, like Winkler, Kennedy is key to restricting "the fundamental right the court found six years ago."
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