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safeinOhio

(34,547 posts)
3. A narrow decision
Thu May 26, 2016, 06:03 AM
May 2016

Justice Stevens wrote a lengthy dissenting opinion. Among his disagreements with the majority was the statement that incorporation was not at issue in this case. Citing Cruikshank, Stevens wrote, "The so-called incorporation question was squarely and, in my view, correctly resolved in the late 19th century." In addition, he argues against incorporation, taking issue with the methodology of the majority opinions.

Justice Breyer wrote, "In sum, the Framers did not write the Second Amendment in order to protect a private right of armed self defense. There has been, and is, no consensus that the right is, or was, 'fundamental.'"[25]

Same article

Activist judges were in the majority

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