Constitutional Law

Larry Tribe on Heller

Larry Tribe of Harvard Law has an article in the Wall Street Journal. I think his position is somewhere between unclear and inchoherent; seems to agree that there is an individual right but even a complete ban on handguns is an acceptable regulation. The reasoning would be thin for a first year law student, along the lines of "it is wrong to say that a right is absolute; hence any restriction of it is permissible."

Sebastian at Snowflakes in Hell takes him to task. Alan Gura notes that his position last year was quite different.

Full post as published by Of Arms and the Law on March 04, 2008 (boomark / email).