July 14, 2009

More on Sotomayor’s 2nd Amendment Theories

Sotomayor just explained in a very matter of fact manner that, of course, nunchucks can be banned under a rational basis test because they “can hurt somebody.” She then said her holding in Maloney was a “very narrow ruling.” She seems unaware that the “can hurt somebody” standard makes Maloney a very broad ruling, because except for toy guns, all firearms can hurt somebody.

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