Calls for Court Packing Escalate After SCOTUS Grants Cert to Second Amendment Case
A growing body of historical research has demonstrated that Scalia’s opinion in Heller is just plain wrong as a matter of originalism: The words of the Second Amendment, as accepted at the time of its ratification, were not understood to create an individual right to bear arms. Scalia’s opinion was an example of living or “popular constitutionalism,” transfiguring modern demands into ancient rights. … Read more
