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View Diary: What gun control does the Second Amendment allow? (226 comments)

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  •  ? (0+ / 0-)

    didn't the dissent in McDonald say that Heller was wrong and should probably be overturned?

    It's been a hundred years, isn't it time we stopped blaming Captain Smith for sinking the Titanic?

    by happymisanthropy on Tue Dec 18, 2012 at 01:06:23 PM PST

    [ Parent ]

    •  Not quite (3+ / 0-)
      Recommended by:
      cany, VClib, fuzzyguy

      They do think it was wrong, and use the debate over the history to resist incorporating the right to the states, but they don't indicate how strongly they respect it as precedent:

      The Court based its conclusions almost exclusively upon its reading of history. But the relevant history in Heller was far from clear: Four dissenting Justices disagreed with the majority’s historical analysis. And subsequent scholarly writing reveals why disputed history provides treacherous ground on which to build decisions written by judges who are not expert at history.

           Since Heller, historians, scholars, and judges have continued to express the view that the Court’s historical account was flawed. See, e.g., ....

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