April 10, 2010

DAVE KOPEL: Judge Diane Wood on the Second Amendment. “Judge Wood chose to preemptively rule on the constitutionality of gun registration. Her ruling was bereft of the analysis that is necessary for judicial analysis of restrictions on any enumerated right. It is safe to say that Judge Wood has ample legal skills to conduct carefully-reasoned legal analysis when she chooses to do so. Accordingly, it is plausible to infer from her unreasoned opinion a disregard for Second Amendment rights.”

Plus, Merrick Garland’s disregard for gun owners’ rights: “Details here, regarding the 2000 case NRA v. Reno, and Judge Garland’s refusal to require the Clinton Department of Justice to obey the federal statute requiring the destruction of records of firearms purchases by law-abiding Americans. The decision also suggests a cavalier disregard for privacy rights in general, such as the right not to be put on a government list simply because one engaged in a lawful activity.”

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