Wilkinson’s article is one of the worst on Heller I’ve come across. The methodologies in Heller and Griswold v. Conn. (the main font of Roe), are entirely the opposite. If it hadn’t been written by a prominent federal judge I wonder if it would have been published. (Probably would have, the quality of many law review articles is ridiculously low.) One can defend finding/creating a right that is based on the text of the Constitution a lot easier than a right that was originally based on a penumbra theory that was never used again. If I recall, in Roe v Wade the majority never states where the right is located in the Constitution.
From: [email protected] [mailto:[email protected]] On Behalf Of Joseph E. Olson Sent: Thursday, July 09, 2009 8:05 PM To: List Firearms Reg Subject: The most polite put-down I recently read. "Show me the money" -- Tom Cruise in the movie Jerry Maquire. http://www.youtube.com/watch?v=OaiSHcHM0PA This is from footnote 149 in Alan Gura's new article, HELLER AND THE TRIUMPH OF ORIGINALIST JUDICIAL ENGAGEMENT: A RESPONSE TO JUDGE HARVIE WILKINSON, 56 UCLA L. Rev. 1129 (2009). [quote] * * * It might be useful to note that [Professor Saul] Cornell serves as the Director of something called “The Second Amendment Research Center,” created in 2002 with a $399,967 grant by the Joyce Foundation. Citation to Newly Published Authority Per Rule 28(j), at 2, Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007) (No. 04-7041) (citing the Joyce Foundation website). The Second Amendment Research Center’s website now claims it is “supported by a generous grant from the Joyce Foundation.” Second Amendment Research Center, http://secondamendmentcenter.com/ about_us.asp (last visited May 26, 2009). The Joyce Foundation is the nation’s preeminent and perhaps most lavish sponsor of extremist gun prohibitionist groups and publications, including the Violence Policy Center, Handgun Free America, and Legal Community Against Violence. The Joyce Foundation, Grant List, http://www.joycefdn.org/Programs/GunViolence/GrantList.aspx (last visited Mar. 31, 2009). It is unlikely that anything funded by the Joyce Foundation, or produced by its “Second Amendment Research Center,” would conclude the Second Amendment has any meaning as an individual right. I do not question the Joyce Foundation’s logic in funding work that supports its political objectives, nor would I fault Cornell for accepting support from sympathetic donors. Indeed, it is only natural and proper that people seek out and support those with whom they agree. The money does not alter the merits, if any, of their work. My point is only that political advocacy should not be taken at face value as neutral scholarship, regardless of the manner in which it is presented.[/quote] ************************************************** Professor Joseph Olson, J.D., LL.M. o- 651-523-2142 Hamline University School of Law (MS-D2037) f- 651-523-2236 St. Paul, MN 55113-1235 c- 612-865-7956 [email protected]
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