October 20, 2008

Scalia: Activist, illegitimate

An amusing item in the New York Times today about some criticism of the U.S. Supreme Court's recent Second Amendment decision:
Two prominent federal appeals court judges say that Justice Antonin Scalia's majority opinion in the case, District of Columbia v. Heller, is illegitimate, activist, poorly reasoned, and fueled by politics rather than principle.

Seventh Circuit Court of Appeals Judge Richard A. Posner, in an article in The New Republic in August, wrote that Heller’s failure to allow the political process to work out varying approaches to gun control that were suited to local conditions "was the mistake that the Supreme Court made when it nationalized abortion rights in Roe v. Wade."
That's exactly what Justice John Paul Stevens said.

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