June 29, 2008

DAVE KOPEL: “Justice Stevens’ dissent in Heller begins by acknowledging that the Second Amendment protects an individual right. The rest of the dissent critiques Justice Scalia’s arguments for construing the individual right according to the Standard Model of the Second Amendment. . . . . So I encourage commenters who have had the time to study the Stevens dissent carefully to describe the individual right that the Stevens version of the Second Amendment would protect. Further, if the Stevens individual right model were correct, what would be the practical applications of that right?”