Explore The NRA Universe Of Websites

APPEARS IN News

Justice Ginsburg Once Again Shares Her Intent to Overturn Heller

Friday, July 15, 2016

Justice Ginsburg Once Again Shares Her Intent to Overturn Heller

This past week, Associate U.S. Supreme Court Justice Ruth Bader Ginsburg gave a series of controversial interviews for which she has received nearly universal condemnation, even from the usually-fawning establishment press. Most of the headlines focused on Ginsburg’s derogatory statements regarding presumptive Republican presidential nominee Donald Trump. However, just as important were comments signaling her intent to overturn the Supreme Court’s landmark decision in District of Columbia v. Heller, which held that the Second Amendment protects an individual right to keep and bear arms. Ginsburg signed onto Justice John Paul Stevens and Justice Stephen Breyer’s dissents in Heller and Breyer’s dissent in McDonald v. Chicago, which applied Heller’s protections to the actions of state and local governments.

The write-up of an interview Ginsburg gave to the New York Times contained the following:

[Ginsburg] mulled whether the court could revisit its 2013 decision in Shelby County v. Holder, which effectively struck down a key part of the Voting Rights Act. She said she did not see how that could be done.

The court’s 2008 decision in District of Columbia v. Heller, establishing an individual right to own guns, may be another matter, she said.

“I thought Heller was “a very bad decision,” she said, adding that a chance to reconsider it could arise whenever the court considers a challenge to a gun control law.

Curiously, the New York Times later significantly altered the part of their story pertaining to Ginsburg’s remarks on Heller, as pointed out by Jonathan Adler of the Volokh Conspiracy. The altered version removed the portion regarding Ginsburg’s contention that “a chance to reconsider [Heller] could arise whenever the court considers a challenge to a gun control law.” The Times eventually restored the missing portion of the story, but did not provide a satisfactory reason for the alteration.

This is not the first time that Ginsburg has shared her desire to overturn Heller. On December 17, 2009, Ginsburg delivered a lecture titled “The Role of Dissenting Opinions” to the Harvard Club of Washington, D.C., a version of which was later published in the Minnesota Law Review. In the lecture, Ginsburg described Stevens and Breyer’s dissents in Heller as “appealing to the intelligence of a future day.” Insultingly, Ginsburg listed the - in her view incorrect - Heller decision, which recognized a fundamental right, alongside the notorious Dred Scott v. Sanford decision, which extinguished the rights of African Americans.

Ginsburg is wrong in her opposition to Heller’s recognition that the Second Amendment protects an individual right to keep and bear arms. There is an abundance of resources firmly establishing that the framers of the Bill of Rights intended the Second Amendment to protect an individual right. Those seeking to learn more about the proper interpretation of the Second Amendment would do well to start by reading Justice Antonin Scalia’s opinion in Heller, NRA’s amicus brief from Heller, the “Right to Keep and Bear Arms” report of the U.S. Senate Judiciary’s Subcommittee on the Constitution, and The Founders’ Second Amendment: Origins of the Right to Keep and Bear Arms by Stephen P. Halbrook.

By insulting Trump, Ginsburg revealed her obvious preference for Hillary Clinton. While inappropriate, this is a fitting endorsement, as there is every indication that Ginsburg’s preferred candidate is on board with her plans to overturn Heller.

Clinton, or her surrogates, have repeatedly indicated that Clinton seeks to overturn Heller. At a September 25, 2015 fundraiser held at a private residence in Manhattan, Clinton expressed her disdain for Heller. An audio recording captured Clinton stating, “the Supreme Court is wrong on the Second Amendment. And I am going to make that case every chance I get.”

On May 7, Trump accurately told his supporters that “Hillary Clinton wants to abolish the Second Amendment.” In a failed attempt to refute the presumptive Republican nominee’s comments, Clinton campaign spokesman Josh Schwerin admitted that Clinton “believes Heller was wrongly decided…”

On May 30, New York Magazine published an article that gave an account of a Clinton campaign event in Bridgeport, Conn. During a meeting with a family who suffered the loss of a loved in the shooting in Newtown, Conn., Clinton explained that she has already made plans for gun control with Sen. Chuck Schumer (D-N.Y.), and stated that Heller was “a terrible decision.”

Following a public outcry that spanned the political spectrum, Ginsburg offered something of an apology for her foray into political punditry, acknowledging that “Judges should avoid commenting on a candidate for public office.” While Ginsburg's recent outburst is unbecoming of a Supreme Court justice, it has provided a valuable public service. Ginsburg has made it perfectly clear to the American people, that with the next president likely to appoint multiple Supreme Court justices, their constitutionally-protected right to keep and bear arms is on the line.

TRENDING NOW
No, It’s Not Harder to Buy Allergy Medicine than a Gun

News  

Friday, September 14, 2018

No, It’s Not Harder to Buy Allergy Medicine than a Gun

A twist on an inaccurate old anti-gun talking point is making the rounds on social media. On September 10, anti-gun public relations professional Wendy Zipes Hunter tweeted about a purported recent trip to drug store. Hunter claimed, “Couldn’t ...

Anti-gun Senator Accompanied by “Unprecedented” Security Detail While Traveling in California

News  

Friday, September 14, 2018

Anti-gun Senator Accompanied by “Unprecedented” Security Detail While Traveling in California

Sen. Kamala Harris (D-CA) is no fan of the Second Amendment. As California attorney general, she sided with local officials who refused to issue concealed carry permits to qualified, law-abiding applicants unless they could demonstrate an extraordinary ...

Gun Control Activist Urges Canadian Audience to Get Involved in U.S. Politics

News  

Friday, September 14, 2018

Gun Control Activist Urges Canadian Audience to Get Involved in U.S. Politics

For someone who has previously falsely accused the NRA of funneling foreign money into domestic politics, it must be that David Hogg either forgot he was in Canada recently or failed to appreciate that it’s also illegal ...

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

“Law is Dead in Washington state” – Outraged Reaction to Court Decision on I-1639

News  

Friday, September 7, 2018

“Law is Dead in Washington state” – Outraged Reaction to Court Decision on I-1639

The Washington State constitution, Art. 2, sec. 1, contains an explicit direction that each “petition shall include the full text of the measure so proposed.” A state law incorporating this requirement specifies that all petitions circulated for signatures must ...

VIVE LE FRANCE?

News  

Friday, September 14, 2018

VIVE LE FRANCE?

Those who follow international news are painfully aware that France has seen a disturbing amount of terrorist attacks carried out within its borders over the last several years. Most are familiar with the January 2015 ...

New Jersey:  Latest Gimmick by Anti-Gun Politicians Is Simply More of The Same

Friday, September 14, 2018

New Jersey: Latest Gimmick by Anti-Gun Politicians Is Simply More of The Same

Just when you thought Trenton gun banners had run out of bad ideas, these attention starved politicians simply start recycling stuff that’s already outlawed in New Jersey.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Surprise: Problems with Widely Touted Anti-Gun Research

News  

Friday, September 7, 2018

Surprise: Problems with Widely Touted Anti-Gun Research

“I am not interested in giving any serious thought to John Lott or his claims.” Those are the words of University of Alabama associate professor Adam Lankford in response to Fox News after economist John Lott called Lankford’s ...

Anti-gun Senator Distorts the Law and the Facts in Unsuccessful Attack on Supreme Court Nominee

News  

Friday, September 7, 2018

Anti-gun Senator Distorts the Law and the Facts in Unsuccessful Attack on Supreme Court Nominee

This week the nation was subjected to an embarrassing and undignified spectacle of obstructionist partisan politics surrounding the confirmation hearings of Judge Brett M. Kavanaugh for the U.S. Supreme Court. The Democrat caucus, understanding that ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.