The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Congratulations to Randy Barnett, Will Baude, Steve Sachs, and Keith Whittington, Whose Academic Work Was Cited in Rahimi
Note particularly Keith Whittington's Originalism: A Critical Introduction, which Justice Barrett cited several times.
UPDATE: The Criminal Procedure treatise on which Orin Kerr is a coauthor was cited today by Justice Jackson in Erlinger v. U.S. I didn't read that case as closely, so I missed the cite; thanks to commenter JoeFromtheBronx for pointing it out.
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A grand slam of Conspirators -- kudos all round!
Apparently Thomas doesn't think so.
Nor do I.
There are two things not mentioned here -- first is that the guns are actually stolen by the state because the storage charges wind up exceeding the value of the guns by the time the state gets around to giving them back to the innocent owner and that is a "taking."
Second, if one Constitutional right can be denied by civil proceeding, ALL Constitutional rights can be denied by civil proceeding. How about a proceeding denying a woman the right to travel because she is going to have an abortion -- under the same standards as this....
Your right to travel can absolutely be denied by a judicial finding that you shouldn’t be allowed to travel.
Jackson also cited a work co-authored by Kerr in another case.
I think Kerr is on double secret probation, or something, around here.
Good point, thanks, will update!