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http://ssrn.com/abstract=1430680
 
 

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Heller and the Triumph of Originalist Judicial Engagement: A Response to Judge Harvie Wilkinson


Alan Gura


Gura & Possessky, PLLC

June 1, 2009

UCLA Law Review, Vol. 56, p. 1129, 2009

Abstract:     
Judge J. Harvie Wilkinson criticizes the U.S. Supreme Court’s landmark decision in District of Columbia v. Heller through the lens of post-Roe judicial conservatism, a doctrine that exalts judicial deference to the political branches above the interest in individual liberty. But that vision is incompatible with the sort of judiciary the Framers established, and Wilkinson’s prescription does not lay out neutral guidelines for use of the judicial power. In Heller, the Supreme Court acted exactly according to Constitutional design, enforcing a fundamental right against recalcitrant political forces. Not just conservatives, but all Americans, should rejoice in the decision.

Number of Pages in PDF File: 43

Keywords: heller, second amendment, originalism, guns, wilkinson, gura, supreme court

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Date posted: July 9, 2009  

Suggested Citation

Gura, Alan, Heller and the Triumph of Originalist Judicial Engagement: A Response to Judge Harvie Wilkinson (June 1, 2009). UCLA Law Review, Vol. 56, p. 1129, 2009. Available at SSRN: http://ssrn.com/abstract=1430680

Contact Information

Alan Gura (Contact Author)
Gura & Possessky, PLLC ( email )
United States
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