Scalia: What’s “the most wrenching decision since he’s been on the bench”?

August 19th, 2013

“Well, is Obamacare too recent?” he asked to laughter.

I suppose Justice Scalia is not over it.

At an event in Montana, Scalia also repeated a point he has made before about the Second Amendment and rocket launchers.

Scalia answered some questions written by the audience, including a hot-button issue in Montana: the Second Amendment’s right to keep and bear arms.

“What remains to be determined … appears to be the scope of the armament that people can keep and bear,” he said. “Can they bear shoulder-fired rocket launchers?”

He said the court will have to take those cases as they come, but his approach will be to apply the historical understanding of the Second Amendment, which was not just in self-defense against animals and home intruders, but for the people to protect themselves against a tyrannical leader.