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The John Batchelor Show

Updating the Second Amendment. #SCOTUS: Heller 2008, McDonald 2010, Bruen 2022 and the Second Amendment. Richard A Epstein, @RichardAEpstein, @HooverInst. (ORIGINALLY POSTED JUNE 27, 2022)

The John Batchelor Show

John Batchelor

Society & Culture, Arts, News, Books

4.52.8K Ratings

🗓️ 29 September 2023

⏱️ 15 minutes

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Summary

Updating the Second Amendment. #SCOTUS: Heller 2008, McDonald 2010, Bruen 2022 and the Second Amendment.
Richard A Epstein, @RichardAEpstein, @HooverInst. (ORIGINALLY POSTED JUNE 27, 2022)
1903 El Paso

Transcript

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0:00.0

This is CBS, I'm the World, I'm John Bachelor.

0:08.6

The Wall Street Journal reporting on the Bruin case, the 6-3 decision in the case, New

0:13.5

York State Rifle and Pistol Association Inc, versus Bruin, marks the widest expansion

0:19.5

of gun rights since 2010.

0:22.2

When the courts applied a nationwide 2008 ruling, establishing an individual right of

0:28.0

our self-defense within the home, I welcome Professor Richard Epstein, the over-institution

0:34.1

of Senior Fellow.

0:35.7

He teaches law at NYU in the University of Chicago to comment on the decision of the Supreme

0:41.0

Court 6-3 on the basis of the reading of the Second Amendment of the Constitution, dated

0:47.0

from the late 18th century, and with an addendum in the mid-19th century, the 14th Amendment.

0:53.9

Richard, a very good evening to you.

0:56.0

I see the new case must be explained in terms of two previous cases by Supreme courts that

1:03.0

are not too distant from us.

1:05.7

There's the 2008 case called Heller that was the majority of opinion was written by Justice

1:13.4

Scalia, joined by Alito Roberts, Kennedy, and Thomas in 2008.

1:20.0

In 2010, it was a five-to-four decision, these are five-to-four decisions.

1:24.8

Scalia, again, joined by Kennedy and Roberts and Alito and Thomas.

1:31.5

This decision, 6-3 has new members, Scalia has gone, but you remark in a new podcast that

1:39.0

while you disagreed with the two earlier decisions, you believed that this present

1:44.2

decision, majority written by Justice Thomas, with a concurrence written by Justice Kavanaugh,

1:50.0

is consistent with the plain language of the Constitution and the Second Amendment.

1:55.0

How so, good evening to you, Professor.

...

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