Fairfax, VA –
For gun owners – and indeed anyone who reveres the Constitution and the rule of law – Judge Kavanaugh’s nomination was reason to celebrate. He is a textualist and originalist in the mold of the Supreme Court’s other Second Amendment stalwarts, including the late Justice Antonin Scalia and Justice Clarence Thomas. Judge Kavanaugh provided a staunch defense of the right to keep and bear arms in a case that concerned the constitutionality of the gun control regime D.C. enacted in the wake of the landmark District of Columbia v. Heller decision.
Dissenting from an opinion that upheld most aspects of the District’s intentionally oppressive regulations, Kavanaugh wrote: “As a lower court … it is not our role to re-litigate Heller or to bend it in any particular direction. Our sole job is to faithfully apply Heller and the approach it set forth for analyzing gun bans and regulations.” Applying the methodology set forth in Justice Scalia’s carefully-written but often-ignored opinion, Kavanaugh concluded, “In my judgment, both D.C.’s ban on semi-automatic rifles and its gun registration requirement are unconstitutional under Heller.”
Needless to say, this – plus his refusal to “bend” …Read the Rest