EP 245 Bob Levy on the Second Amendment and the Supreme Court

Jim talks with Bob Levy about the Second Amendment, the right to keep and bear arms, in the Supreme Court. They discuss Bob’s late-career move to law, never being too old to reinvent yourself, how Bob got involved in a pivotal Supreme Court case in establishing the modern interpretation of the Second Amendment, the text of the Second Amendment, District of Columbia v. Heller, United States v. Miller, United States v. Emerson, the scholarship around framing the Second Amendment as an individual right, the state of play of gun control in D.C. at the time, the handgun ban, handguns in the home for self-defense, the NRA case & a rookie error by the NRA’s lawyers, legal strategy in the Heller case, sufficient vs necessary conditions for exercising the right, the meaning of “well-regulated,” the specific holdings in Heller, the meaning of fundamental rights, Breyer’s dissent against Scalia’s opinion, the rational basis standard, McDonald v. City of Chicago, New York State Rifle & Pistol Association, Inc. v. Bruen, “good moral character,” the murky precedent of striking down laws that weren’t present during the framing era, a strict scrutiny approach, speculations on the future of Second Amendment jurisprudence, ghost guns, and much more.