December 09, 2002
CLAYTON CRAMER IS FACT-CHECKING JUDGE REINHARDT on the Ninth Circuit's Second Amendment decision from last week, and finds that it's riddled with errors and misstatements.
Among other things, Cramer says that Reinhardt gets the Aymette case exactly backwards, citing it as an anti-individual rights precedent when in fact, as Cramer says, it's a case finding an individual right to arms under both the Second Amendment and the Tennessee Constitution. (And Aymette is cited, rightly, in support of such a right in the U.S. Supreme Court's Miller opinion.) Cramer has a link to the Aymette opinion, so you can read it for yourself. And scroll down for more on the Reinhardt / Bellesiles connection.
Eugene Volokh also has a rather sharp critique of Reinhardt's opinion, and what Reinhardt somehow neglected to address in it.