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> Heller draws it's decision from historical reality and originalist philosophy The "reality" in this sentence here is pretty solidly not accurate. The majorit
by vundercind 2y ago
> Heller draws it's decision from historical reality and originalist philosophy
The "reality" in this sentence here is pretty solidly not accurate. The majority opinion in Heller asserted truths about the past that aren't born out by the historical record. Probably lifted straight from interest-group amicus briefs that agreed with what the majority was inclined to decide to begin with.
[EDIT] Whoops. I mean, that the above is often true in cases that cite history, even legal history, means it might still be true, but I was actually thinking of Bruen, where this happened to a degree that'd be comical if it weren't, you know, the Supreme Court.