Steve Halbrook: Kavanaugh on Text, History and Tradition

Powerful Pro-Gun Dissent in Heller II

Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia has been nominated to the to the Supreme Court to fill the vacancy created by the retirement of Justice Anthony Kennedy. Second Amendment attorney and scholar Steve Halbrook argued the Heller II decision before the three-judge panel that ultimately upheld the D.C. semi-auto ban. Judge Kavanaugh wrote a powerful dissent to the D.C. law passed in response to Heller. He relied upon text, history and tradition rather than intermediate or strict scrutiny. It was the level of scrutiny used in Heller itself. There can be restrictions such as with convicted felons, but not an across-the-board ban. Steve says circuit courts are balancing gun rights away. Kavanaugh may be that decisive vote to bring new Second Amendment cases before the Supreme Court, but that's speculation. Originally aired on Cam & Co 07/10/18.