Paul Finkelman’s account of antebellum decisions gets Justice Taney right, but not Justice Marshall, and especially not Justice Story.
Joyce Lee Malcolm
The Second Amendment has been incorporated and, whatever the Connecticut Court would like to believe, it protects the right of Americans to bear arms.
After nearly a decade rejecting Second Amendment cases, the Supreme Court has just agreed to hear New York Rifle & Pistol Association v. City of New York.
Joyce Lee Malcolm is Patrick Henry Professor of Constitutional Law and the Second Amendment at Antonin Scalia Law School. Her work was cited several times in the landmark case of District of Columbia v. Heller (2008).