THIS CASS SUNSTEIN PIECE ON THE SECOND AMENDMENT is just embarrassing. When you rely on a retired Warren Burger — whom liberals considered a dim bulb when he was actually Chief Justice — recycling an argument he originally made in Parade Magazine, you don’t have much. But the notion that the post-Heller Second Amendment caselaw represents some sort of “right wing reinterpretation” of previously settled law is ridiculous. It will persuade no one who doesn’t already agree with Sunstein, and it diminishes his reputation with anyone who is at all familiar with the actual law.
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