Justice Kennedy, Heller, and the Future of the Second Amendment:
Justice Kennedy recently spoke to the Ninth Circuit Judicial Conference, and his remarks included a very interesting discussion of DC v. Heller and the Second Amendment in the Q&A.
You can see the event here, via C-SPAN (RealPlayer required). Justice Kennedy discusses the Heller case and the Second Amendment starting at the 38-minute mark. Kennedy ends up discussing the case in answering a question about using recent cases as teaching tools, but the discussion leads him to offer some very intriguing thoughts on the Second Amendment.
In particular, Justice Kennedy appears to suggest around the 40-minute mark that he will take a living constitutionalist approach to the Second Amendment that may point to more gun rights under the Second Amendment than an originalist approach would provide. The comments are off-the-cuff, but check them out if you're interested in the future of the Second Amendment. Thanks to Howard for the link.
You can see the event here, via C-SPAN (RealPlayer required). Justice Kennedy discusses the Heller case and the Second Amendment starting at the 38-minute mark. Kennedy ends up discussing the case in answering a question about using recent cases as teaching tools, but the discussion leads him to offer some very intriguing thoughts on the Second Amendment.
In particular, Justice Kennedy appears to suggest around the 40-minute mark that he will take a living constitutionalist approach to the Second Amendment that may point to more gun rights under the Second Amendment than an originalist approach would provide. The comments are off-the-cuff, but check them out if you're interested in the future of the Second Amendment. Thanks to Howard for the link.