Laurence Tribe

Second Amendment: Obama 'Highly Conservative' in NYT's Eyes?

I have said consistently that I believe the Second Amendment is an individual right. -- Barack Obama, June 26, 2008

In some ways, the Supreme Court term that just ended seems muddled: disturbing, highly conservative rulings on subjects like voting rights and gun control . . . In another sharp break with its traditions, the court struck down parts of the District of Columbia’s gun-control law. After seven decades of holding that the Second Amendment’s right to bear arms is tied to raising a militia, the court reversed itself and ruled that it confers on individuals the right to keep guns in their homes for personal use. The decision will no doubt add significantly to the number of Americans killed by gun violence. -- NYT editorial, A Supreme Court on the Brink, July 3, 2008 [emphasis added]

How far left is the editorial board of the New York Times?  Far enough that, when it comes to the Second Amendment, Barack Obama would seemingly qualify as "highly conservative" in its eyes.  

The gist of the Grey Lady's editorial of today is to warn voters that the Supreme Court is just a vote away from a conservative majority. The paper instructs voters to keep that grim prospect "firmly in mind when they go to the polls in November."  In the course of its scare-mongering, the editorial liberally sprinkles terms sure to send a shiver down lefty spines: "highly conservative," "a far-right majority," "cold-hearted," "dedicated members of the conservative movement," "the conservative bloc," "far-right bloc," 'one more conservative appointment would . .  push [the Court] even further in a dangerous direction."

ABC's Greenburg: 2nd Amendment Not for Individuals Is Legal Orthodoxy

Noting Sen. Barack Obama's recent statement that he considers the Second Amendment an individual right -- setting aside for a moment his pro-gun control record and defense of the D.C. handgun ban -- ABC's Jan Crawford Greenburg dismissed private gun ownership as constitutionally protected, holding instead that the "orthodox" view defends only a state's right.

Here's the relevant portion from a February 15 entry at Greenburg's Legalities blog (emphasis mine):