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Alito?

The AP is reporting the pick for the Supreme Court will be Samuel Alito. On guns, here’s what I found:


In a dissent to a ruling that upheld the constitutionality of a federal law banning the possession of machine guns, Alito argued for greater state rights in reasoning that Congress had no authority to regulate private gun possession.

David Kopel says:

In United States v. Rybar, Judge Alito wrote a blistering dissent from the majority opinion which held that, notwithstanding United States v. Lopez, Congress had the power to use the Interstate Commerce power to prohibit the mere possession of machine guns manufactured after May 1986, even though Congress had made no findings about the effect of such machine guns on interstate commerce. Judge Alito’s dissent did not address the majority’s assertion that Rybar had no Second Amendment rights because Rybar was not a member of the militia.

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