#BESTOF2022: #SCOTUS: Heller 2008, McDonald 2010, Bruen 2022 and the Second Amendment. Richard A Epstein, @RichardAEpstein, @HooverInst, Tisch Professor of Law NYU Bedford Senior Fellow; Hoover Institution; senior lecturer, University of Chicago Law Sch
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 22 July 2023
⏱️ 16 minutes
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#BESTOF2022: #SCOTUS: Heller 2008, McDonald 2010, Bruen 2022 and the Second Amendment. Richard A Epstein, @RichardAEpstein, @HooverInst, Tisch Professor of Law NYU Bedford Senior Fellow; Hoover Institution; senior lecturer, University of Chicago Law School.https://www.hoover.org/research/can-artistic-freedom-survive-state-coercion
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| 0:30.0 | This is CBS. I'm the world. I'm John Bachelor. The Wall Street Journal reporting on the |
| 0:40.1 | Bruin case, the six to three decision in the case, New York State Rifle and Pistol Association |
| 0:45.7 | Incorporated, versus Bruin, marks the widest expansion of gun rights since 2010, |
| 0:51.9 | when the courts applied a nationwide 2008 ruling establishing an individual right of |
| 0:58.0 | arm self defense within the home. I welcome Professor Richard Epstein, the Hoover Institution, |
| 1:04.0 | a senior fellow. He teaches law at NYU in the University of Chicago to comment on the decision |
| 1:10.2 | of the Supreme Court six to three on the basis of the reading of the Second Amendment of the |
| 1:15.7 | Constitution dated from the late 18th century, and with an addendum in the mid-19th century, |
| 1:22.3 | the 14th Amendment. Richard, a very good evening to you. I see the new case must be explained |
| 1:29.2 | in terms of two previous cases by Supreme courts that are not too distant from us. There's the |
| 1:36.0 | 20 2008 case called Heller that was the majority opinion that was written by Justice Scalia, |
| 1:44.4 | joined by Alito Roberts Kennedy and Thomas. In 2008, in 2010, it was a five to four decision, |
| 1:52.8 | these are five to four decisions. Scalia, again, joined by Kennedy and Roberts and Alito and Thomas. |
| 2:01.2 | This decision six to three has new members Scalia has gone, but you remark in a new podcast |
| 2:08.8 | that while you disagreed with the two early decisions, you believe that this present decision, |
| 2:14.6 | majority written by Justice Thomas with a concurrence written by Justice Kavanaugh, |
| 2:19.9 | is consistent with the plain language of the Constitution and the Second Amendment. How so, |
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