Stephen Breyer

Stephen Breyer

Summary

Portrait of Stephen Breyer Stephen Breyer District of Columbia v. Heller… (2008)

Regardless, why would the majority require a precise colonial regulatory analogue in order to save a modern gun regulation from constitutional challenge? After all, insofar as we look to history to discover how we can constitutionally regulate a right to self-defense, we must look, not to what 18th-century legislatures actually did enact, but to what they would have thought they could enact. There are innumerable policy-related reasons why a legislature might not act on a particular matter, despite having the power to do so.
Source: Wikisource

Portrait of Stephen Breyer Stephen Breyer District of Columbia v. Heller… (2008)

Thus, any attempt in theory to apply strict scrutiny to gun regulations will in practice turn into an interest-balancing inquiry, with the interests protected by the Second Amendment on one side and the governmental public-safety concerns on the other, the only question being whether the regulation at issue impermissibly burdens the former in the course of advancing the latter.
Source: Wikisource

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