Explore The NRA Universe Of Websites

Retired Anti-Gun Justice Reveals Attempts to Thwart Landmark Heller Decision

Friday, November 30, 2018

Retired Anti-Gun Justice Reveals Attempts to Thwart Landmark Heller Decision

Few Supreme Court justices have been as avowedly opposed to the Second Amendment as John Paul Stevens, who retired from the high court in June 2010. Stevens wrote a lengthy dissent to the landmark decision of District of Columbia v. Heller and to its follow-up, McDonald v. Chicago. He then continued to advocate against those cases even after his retirement, including in a book proposing amendments to the Constitution and in a high-profile editorial published in the New York Times urging repeal of the Second Amendment. Now Stevens is publishing a memoir and has revealed what were by his own account extraordinary efforts to try to thwart the outcome of the Heller decision or at least to limit the scope of the Second Amendment’s individual right.

According to a New York Times article about the upcoming book – tentatively titled “The Making of a Justice: My First 94 Years” – Stevens considers Heller one of the three worst decisions the Supreme Court issued during his nearly 45 year tenure as an associate justice. Stevens faulted both the reasoning of the decision and what he called “its actual practical impact by increasing the use of guns in the country … ."

Yet Stevens admitted he was advocating against the decision before it was even available for the justices themselves to review, telling the Times he circulated his own “probable dissent” five weeks before Justice Antonin Scalia released his draft majority opinion. According to the Times article, Stevens “could not recall ever having done anything like that.” Nevertheless, he told the Times, “I thought I should give it every effort to switch the case before it was too late.”

Fortunately, Stevens’s opinion proved less persuasive to a majority of his colleagues than did Justice Scalia’s.

Nevertheless, Stevens credits himself with getting the crucial swing vote for the Heller opinion – now retired Justice Anthony Kennedy – to demand some “important changes” to limit the opinion’s scope. These included a litany of existing types of gun control upon which the opinion should not be taken to “cast doubt.” Specifically, the opinion mentions “longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

Of course, the Heller case itself did not actually concern any of those types of laws, focusing instead on D.C.’s handgun ban and its requirement to store firearms in an unusable state. Thus, the legal significance of that passage is debatable. A number of courts have, in fact, examined such laws in light of the Second Amendment and occasionally have found applications of those laws invalid. On the other hand, judges have also used that passage of Heller as an invitation to uphold sweeping prohibitions and even to exempt other types of gun control from the Second Amendment’s scope by analogy.

In any case, not only was Stevens wrong about the meaning of the Second Amendment, he’s also wrong that recognition of the individual right has led to negative effects from “increasing gun use in this country.” Criminals obviously weren’t waiting on word from the Supreme Court when deciding whether or how to use guns to prey upon their victims. Meanwhile, most Americans who exercise their Second Amendment rights continue to do so responsibly, as they have all along.

The Times article is revealing, however, in depicting the obsession that some elites have with suppressing the Second Amendment rights of ordinary Americans. It also underscores the importance of what President Trump has accomplished, and continues to pursue, through his appointment of federal judges who respect the original meaning of the U.S. Constitution, including the  individual right to keep and bear arms.

 

 

 

 

TRENDING NOW
Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Virginia: Multiple Gun Control Bills Up in Committee on Monday

Friday, January 23, 2026

Virginia: Multiple Gun Control Bills Up in Committee on Monday

On Monday, January 26th, the Senate Courts of Justice committee will hold a hearing on over a dozen gun control bills, including semi-automatic bans and concealed carry prohibitions. The hearing will begin at 8am.

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

Virginia: Gun Bills in Committee This Thursday

Tuesday, January 20, 2026

Virginia: Gun Bills in Committee This Thursday

On Thursday, January 23rd, the House Public Safety Subcommittee – Firearms will hold a hearing on several pro-gun measures.

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

News  

Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

The fundamental right to travel has garnered increased attention over the past decade with the United States Supreme Court expanding and confirming that United States citizens have a protected right to travel from state to ...

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

News  

Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.