If Scalia is no friend of the Second Amendment, then neither is Thomas, since Thomas did not dissent from Scalia’s opinion in, or even write a separate concurring opinion for, District of Columbia v. Heller.
I think that they’re both pretty solid on the Second Amendment.
I think that they’re both pretty solid on the Second Amendment.
Thomas would strike down every federal law regarding guns if he was given the opportunity. He can't do it because he hasn't seen that question briefed yet. Scalia, on the other hand, would most likely uphold the federal government's right to regulate guns. Justice Thomas basically hinted in his dissent in Raich, however, that if the respondents in Raich (the medical marijuana users) had asked him to rule on whether the entire Controlled Substances Act unconstitutional, he would have voted to strike it down. That issue was not raised in the briefs, however, so he did not address it. Thomas believes that our federal government is one of limited and enumerated powers. He has no problem striking down prior court decisions that enlarge the federal government's scope of power. Scalia has too much respect for stare decisis -- and will blindly accept some of the Court's prior decisions even if they are clearly wrong