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To: Yo-Yo

Enough with the semantics. Back to the question - how would things be different if he was confirmed?


29 posted on 06/05/2017 1:27:05 PM PDT by Mafe
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To: Mafe
Bork died in 2012. Therefore he would have been on the court for Heller and he would have voted against Heller, making it 5-4 the other direction. Having done so, McDonald never would have made it on the docket.

Bork on the Second Amendment:

One of the most conservative jurists in the United States died last week. His thoughts on the Second Amendment are instructive.

“I’m not an expert on the Second Amendment,” Judge Robert Bork said in 1989, “but its intent was to guarantee the right of states to form militia, not for individuals to bear arms.” In 1991, Bork noted the weak support the gun lobby has in the Second Amendment.

“The National Rifle Association is always arguing that the Second Amendment determines the right to bear arms,” Bork said. “But I think it really is people’s right to bear arms in a militia. The NRA thinks that it protects their right to have Teflon-coated bullets. But that’s not the original understanding.”

In a 1997 book, Bork took further exception to efforts to expand the narrow words of the Second Amendment. “The Second Amendment was designed to allow states to defend themselves against a possibly tyrannical national government,” Bork wrote. “Now that the federal government has stealth bombers and nuclear weapons, it is hard to imagine what people would need to keep in the garage to serve that purpose.”


30 posted on 06/05/2017 1:40:21 PM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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