Glenn Harlan Reynolds comments on the 2nd amendment becoming “ordinary constitutional law. Regarding the District of Columbia vs. Heller 2nd amendment Supreme Court ruling… “Not a single Justice endorsed the militia-centric, “collective rights” theory…
The Supreme Court’s ruling in District of Columbia v. Heller23 moved the Second Amendment from the domain of scholarly discussion to that of judicial determination. The most interesting thing about Heller is that not a single Justice endorsed the militia-centric, “collective rights” theory that had been so dominant in popular discussion (or, at least, bien-pensant discussion) for several decades. Rather, all Justices agreed that the Second Amendment embodies an individual right, though the majority and the dissent differed significantly on the nature and scope of that right.24
