Friday, February 03, 2023

Justice Breyer's Dissent in McDonald

Let's also discuss Justice Breyer's dissent in McDonald.

Here are a few of his points:

1. "There is no popular consensus that the private self-defense right in Heller is fundamental." p. 481

2. "Nor will incorporation help to assure equal respect for individuals." p. 490

3. P. 491: Breyer embraces federalism--"the ability of the States to reflect local preferences and conditions." For abortion? For marriage definition? For religious displays in the public square? Or only when the issue is gun rights?


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