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U.S. Supreme Court

Jul. 19, 2008

To Scalia, Judicial Restraint Means Opposing Rights He Doesn't Like

In supporting individuals' gun rights, the Supreme Court's right-wing bloc showed that all of the conservative rhetoric about judicial restraint is a ruse that is used to oppose rights they don't like, writes Erwin Chemerinsky. - Forum Column

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

FORUM COLUMN

By Erwin Chemerinsky
This article appears on Page 6

      Few cases in recent years have attracted as much media attention as the Supreme Court's decision interpreting the Second Amendment in District of Columbia v. Heller, 128 S.Ct. __ (June 26, 2008). By a 5-4 margin, the Supreme Court found that the Second Amendment protects an individual's right to possess firearms and thus invalidated a District of C...

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