Dave Kopel: Kavanaugh on the Second Amendment

Gun Control Groups Right to Be Concerned

The Independence Institute's Dave Kopel says no nominee to the Supreme Court has had such a detailed record on the Second Amendment as Judge Brett Kavanaugh. He'll be the second Supreme Court justice who's cited Dave's writings in Firearms Law and the Second Amendment: Regulation, Rights, and Policy. In his Heller II dissent, Kavanaugh spent more than half his opinion explaining why Heller and McDonald used text, history and tradition instead of intermediate or strict scrutiny. You can't ban arms in common use for lawful purposes. A semi-auto rifle is in common, lawful use and is arguably less dangerous than a semi-auto handgun. Dave says gun control groups have good cause to be concerned over the confirmation of Judge Kavanaugh. There is no certainty, but the likelihood is high the Supreme Court will begin taking up Second Amendment cases again to finish to work of Heller. Originally aired on Cam & Co 07/10/18.