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

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

43 Pages Posted: 9 Jul 2009  

Alan Gura

Gura & Possessky, PLLC

Date Written: June 1, 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.

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

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: https://ssrn.com/abstract=1430680

Alan Gura (Contact Author)

Gura & Possessky, PLLC ( email )

United States

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