March 4, 2010
I agree. We should overturn US v. Cruikshank
I lecture about this case and the underlying Colfax Riot every year. Not one of our best moments, and if this Court were interested in overturning a ruling, this would be a good one to dump.
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I wrote a paper on the second amendment in law school and Cruikshank is one of several cases cited by gun control supporters. It is my understanding that many of it's provisions have already been overturned in United States v. Price and United States v. Guest.
While I can't say that a total incorporation of the BOR is needed, I would support a broader application of what we have now and would support a complete overturning of Cruikshank.
Excellent article, btw. Gura is a skilled litigator, though he is somewhat of an ass. I am interested in how this turns out.
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