The Volokh Conspiracy

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Volokh Conspiracy

'For those of us who work in marbled halls … the Second Amendment might seem antiquated'


From Monday's opinion by Justice Clarence Thomas (joined by Justice Neil Gorsuch), dissenting from denial of certiorari in Peruta v. California:

For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem antiquated and superfluous. But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a State denies its citizens that right, particularly when their very lives may depend on it.

Agree with it or disagree, but it strikes me as a powerful articulation of its position. (The Court declined to hear the case, and thus left open the question whether the Second Amendment secures a right of law-abiding adults to carry guns outside the home—a subject on which lower courts continue to be split; Thomas and Gorsuch were urging the court to hear the case.)