by Max Brantley
A couple of blue-ribbon conservative judges have sharply criticized the U.S. Supreme Court ruling in the D.C. gun possession case. It was nothing but politics masquerading as sound jurisprudence, they argue. Uh, yeah.
“The Roe and Heller courts are guilty of the same sins,” one of the two appeals court judges, J. Harvie Wilkinson III, wrote in an article to be published in the spring in The Virginia Law Review.
Similarly, Judge Richard A. Posner, in an article in The New Republic in August, wrote that Heller’s failure to allow the political process to work out varying approaches to gun control that were suited to local conditions “was the mistake that the Supreme Court made when it nationalized abortion rights in Roe v. Wade.”
They are principled at least. The tiresome drone of "originalist" talk from the Scalias and the others of the legal world has always meant: "be literal or a federalist when it suits our political aims; legislate from the bench when it does not."