The use of the Second Amendment, to block consideration of sensible gun control measures, is a national disgrace. And conservatives themselves have explained why this is true, professor Cass R. Sunstein writes.
For decades, conservatives have objected to the use of constitutional provisions as a political weapon, insisting that controversies should be resolved in democratic arenas instead. They have made this argument to oppose judicial recognition of the right to choose abortion; protection of same-sex marriage; creation of a rigid "wall" between church and state; and creation of new rights in the criminal justice system. Going even further, they have argued against the left's efforts to use the Constitution to block reasonable political debates - about religion, about privacy, about equality - that the justices have never settled.