Thursday, October 07, 2021

Supremely Misinformed or Supremely Misleading?

From a column on the upcoming NYSRPA case at SCOTUS:
New York State Rifle & Pistol Association v. Buren, scheduled for oral argument next month, is the biggest Second Amendment case since the 2008 landmark decision in District of Columbia v. Heller, in which Justice Antonin Scalia penned a majority opinion that effectively trumped the Court’s ruling in United States v. Miller. That case held in 1939 that the Second Amendment protects state militias. In Heller, the Court declared for the first time that the Second Amendment actually protects an individual’s right to own a handgun in the home for self-protection.
Now, I can see some layperson saying that the ruling in Miller only "protect[ed] state militias". Certainly if one were to Google up some op-ed pieces from the days when Heller or McDonald were on the Supremes' docket, that would be the takeaway for an otherwise uninformed person.

But Wehle's bio says she's a law prof and a former AUSA, and having that as her thumbnail hot take on Miller borders on downright disingenuous.