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  • Second Amendment

    The Next Chicago Gun Rights Case . . . And Why It Is Important to the Kagan Confirmation

    Moments ago, the Supreme Court announced that, Yes Virginia, the Second Amendment does in fact apply to the states, and thereby struck down Chicago’s complete ban on handgun possession. But this decision (and the Court’s prior decision in Heller) raises still other questions which will likely have a substantial impact … More

    Protecting the Second Amendment (But Just Barely)

    In what is probably the most important Second Amendment case in Supreme Court history, the Court today held that the “right of the people to keep and bear Arms” cannot be infringed by the states. In 2008 in District of Columbia v. Heller, the Court for the first time held … More

    Morning Bell: Will Elena Kagan Defend the Rule of Law?

    The Senate Judiciary Committee will begin its hearing today on the nomination of Elena Kagan to be the next Associate Justice of the Supreme Court of the United States. Kagan is no stranger to the confirmation process; in fact, she devoted one of her few academic writings entirely to the … More

    The DISCLOSE Act and the NRA: Some Bad News

    Just as opposition was building in the House to the unconstitutional and burdensome DISCLOSE Act, which is intended to help Democrats in the November election by stifling the political speech of corporations and many non-profit advocacy organizations (but not unions), the National Rifle Association has apparently sold out. Politico and others are … More

    President Calderon’s Misleading Claim

    In his speech before a Joint Session of Congress yesterday, President Felipe Calderon of Mexico made a bold claim. He asserted that: Just to give you an idea, we have seized 75,000 guns and assault weapons in Mexico in the last three years. And more than 80 percent of those … More

    Kagan’s Inaction on Second Amendment Case Raises Questions

    Much of the discussion and speculation about Elena Kagan’s legal philosophy is limited by her very thin record of scholarship, along with an almost complete lack of experience in the courtroom or participation in litigation through amicus briefs prior to her appointment last year as solicitor general. So we must … More

    Kagan’s Gun Problem

    Elena Kagan may be hostile to the view that the 2nd Amendment to the Constitution protects American’s individual right to keep and bear arms.  Bloomberg reports today, “Kagan Was ‘Not Sympathetic’ as Law Clerk to Gun-Rights Argument.”  With the evidence presented by the Los Angeles Times that Kagan was very … More

    Video: What Could McDonald v. Chicago Mean for the Second Amendment?

    We caught up with Alan Gura, the lead attorney for the plaintiffs (also the attorney in the Heller decision) and Alan Gottlieb, founder of the Second Amendment Foundation to get their take on the oral arguments, the legal theories involved, and the importance of McDonald v. Chicago for the Second Amendment. More

    In the Green Room: Congressman Rob Bishop (R-UT) on Guns, Property and the EPA

    Heritage Foundation today to meet with bloggers at The Blogger’s Briefing. Before the meeting, he sat down with us to talk about the Supreme Court taking up the Chicago gun-ban case, a leaked document from the Department of the Interior, and the EPA’s decision to regulate carbon dioxide emissions. More

    Supreme Court Takes Up Chicago Gun Ban Case Today

    This morning, the Supreme Court will hear oral argument in McDonald v. Chicago, a landmark case addressing whether states can deny the rights of their citizens to keep and bear arms.  This question was left open by the Supreme Court’s groundbreaking yet common sense decision in Heller v. District of … More