So: 1. Guns are dangerous.
2. MR. FELDMAN: I mean, if by that is, do you have a substantive right to self-defense, the Court actually has never answered that question, but I am willing to accept that there is such a right.
This Feldman guy isn't doin so well.
Bottom of page 40.
Feldman gets Pwnt.
Quote:
JUSTICE BREYER: Step one -- step one is, make my chart. Step two is, look at what's high. Step three is, even that that high part, even that high part, nobody could think was incorporated.
MR. FELDMAN: I -- in our view, the things that the framers -- the framers had their reasons for putting -
JUSTICE BREYER: That's how you think Madison went about his job?
MR. FELDMAN: No. No, I think that -
CHIEF JUSTICE ROBERTS: He did, actually. He did. That's how he went about it
JUSTICE BREYER: I'm asking Counsel. Do you think that's how Madison went about his job?
MR. FELDMAN: I think the framers had reasons to put everything in the Constitution that they put in it. But the question about whether it should be incorporated against the States is a different question than whether they put it in the Constitution. And what you have in the Second Amendment, and it's right clear on the face of it from the prologue; it's clear -- it's clear from the opinion in Heller, is the reason they put it in the Constitution is not the primary reason why people today are arguing that this is a right that is so fundamental that -- that it has to be applied against the States.
Quote:
JUSTICE SCALIA: Is that what you are asserting here, that the States have to allow firearms?
MR. FELDMAN: No.
JUSTICE SCALIA: Is that -
MR. FELDMAN: I -- I didn't think I was.
JUSTICE SCALIA: I didn't think so, either, so why did your last argument make any sense?
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