Brother Jonathan
Jr. Member
Posts: 1,030
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« on: November 03, 2021, 10:07:15 PM » |
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It's an interesting approach. I appreciate that they are trying to effectively outflank the originalists here. And that some important conservative lawyers have signed onto briefs supporting the argument is also interesting. Also worth noting here that in Heller Scalia seemed to agree at least in part with New York's understanding of the statute.
I also understand, though I haven't listened to the oral argument yet, that the argument against this is basically that the statute was designed more narrowly to restrict bearing weapons in a "terrorizing" way which I suppose I can understand as well, and there seem to be cases that support this understanding as well—though it seems the precedent is mixed to some extent.
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