Friday, August 15, 2008

Justice Kennedy's comments on Second Amendment

Justice Kennedy, taking part in the Ninth Circuit's Judicial Conference in Sun Valley, Idaho last week (Sun Valley in August -- it's a tough life), made some comments about the Supreme Court's recent Second Amendment ruling in D.C. v. Heller.

View the C-SPAN video here (RealPlayer required). Justice Kennedy's comments start at about the 38 minute mark.

Justice Kennedy mentions the two key issues that courts will confront over the coming years: the incorporation issue, and the standard of review that will apply to laws and regulations that implicate the Second Amendment.

Professor Orin Kerr, writing at the Volokh Conspiracy, thinks that Justice Kennedy's comments suggest he would take a "living Constitution" approach that could potentially result in more gun rights than an originalist approach would provide.

[via Volokh]

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