The Second Amendment was one of the least scrutinized provisions of the Bill of Rights until the latter half of the 28th century. With its prefatory and operative clauses, it references to the people but also a well-regulated militia. It was a prime target for interpretation by judges. Why, then, did it take more than 200 years for the Supreme Court to resolve the meaning of that amendment? When the court finally took up a case, Justice Scalia, the famed originalist, wrote the majority opinion. But the primary dissenter, Justice Stevens, did something surprising. He took on Scalia on his own turf and produced an originalist opinion that came to the opposite conclusion. This week on Dissed, Elizabeth Slattery and Anastasia Boden will be looking at District of Columbia v. Heller, which originated in a suit filed in the U.S. District Court in Washington D.C. in 2003.

Thanks to our guests Paul Clement, David Lat, Clark Neily, and Adam Winkler.

Follow us on Twitter @ehslattery @anastasia_esq @pacificlegal #DissedPod

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