Posted by Orin Kerr:
Justice Kennedy Discusses *Heller v. DC* and the Future of the Second Amendment:
http://volokh.com/archives/archive_2008_08_10-2008_08_16.shtml#1218509307
You can see the video of Justice Kennedy's entire address at the Ninth
Circuit Judicial Conference [1]here, via C-SPAN (RealPlayer required).
Justice Kennedy discusses the Heller case and the Second Amendment
starting at the 38-minute mark. He ends up discussing the case in the
context of using it as a teaching tool, but the discussion leads him
to offer some very intruiging thoughts on the Second Amendment.
In particular, Kennedy appears to suggest around the 40-minute mark
that he will take a living constitutionalist approach to the Second
Amendment that may point to more gun rights under the Second Amendment
than an originalist approach would provide. The comments are
off-the-cuff, but check them out if you're interested in the future of
the Second Amendment. Thanks to [2]Howard for the link.
References
1. rtsp://video1.c-span.org/60days/ac080908.rm
2. http://howappealing.law.com/081108.html#029972
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