Breyer's BS

Just got done reading the opinions and thought I'd start a log of the most glaring misrepresentations.




Just what had largely faded as a popular concern?

From plurality opinion:
By the 1850’s, the perceived threat that had promptedthe inclusion of the Second Amendment in the Bill of Rights—the fear that the National Government would disarm the universal militia—had largely faded as a popular concern, but the right to keep and bear arms was highly valued for purposes of self-defense. See M. Doubler, Civilian in Peace, Soldier in War 87–90 (2003); Amar,Bill of Rights 258–259. Abolitionist authors wrote in support of the right. See L. Spooner, The Unconstitutionality of Slavery 66 (1860) (reprint 1965); J. Tiffany, A Treatise on the Unconstitutionality of American Slavery 117–118 (1849) (reprint 1969).


Breyer's misdirection:
How do these considerations apply here? For one thing,I would apply them only to the private self-defense right directly at issue. After all, the Amendment’s militiarelated purpose is primarily to protect States from federal regulation, not to protect individuals from militia-relatedregulation. Heller, 554 U. S., at ___ (slip op., at 26); see also Miller, 307 U. S., at 178. Moreover, the Civil War Amendments, the electoral process, the courts, and numerous other institutions today help to safeguard the States and the people from any serious threat of federal tyranny. How are state militias additionally necessary? It is difficult to see how a right that, as the majority concedes, has “largely faded as a popular concern” could possibly be so fundamental that it would warrant incorporation through the Fourteenth Amendment. Ante, at 22. Hence, the incorporation of the Second Amendment cannot be based on the militia-related aspect of what Heller found to be more extensive Second Amendment rights.

It's like.. umm.. incorporation bingo!