Kavanaugh Files: Second Amendment

Editor’s Note: This is one of a series of stories examining what Democrats are saying about Supreme Court nominee Brett M. Kavanaugh and what Kavanaugh’s record shows on these issues.

Democrats have described Brett Kavanaugh as “a true Second Amendment radical” who is “far outside the mainstream of legal thought” — more conservative than the late Justice Antonin Scalia. The criticism stems from Kavanaugh’s dissent in a 2011 appeals court ruling that upheld the District of Columbia’s law banning semi-automatic rifles.

Sen. Dianne Feinstein cited the judge’s 2011 dissent in her opening remarks on the first day of Kavanaugh’s confirmation hearing before the Senate Judiciary Committee on Sept. 4.

Here we take a look at Kavanaugh’s record on the Second Amendment.

Kavanaugh’s Dissent in Heller II

“I’m left with the fact that your reasoning is far outside the mainstream of legal thought and that it surpasses the views of Justice Scalia, at the Sept. 4 hearing. “Even Scalia understood that weapons that are like M-16 rifles or weapons that are most useful in military service can in fact be regulated.”

You're reading a preview, sign up to read more.

More from FactCheck.org

FactCheck.org8 min readPolitics
FactChecking Trump’s Pitch to Farmers
In his much publicized visit to Iowa, President Donald Trump made a few false and misleading statements about agricultural exports. The post FactChecking Trump’s Pitch to Farmers appeared first on FactCheck.org.
FactCheck.org3 min readPolitics
Falsehood Swirls About Biden, SEALs
Viral posts on Facebook claim, falsely, that former Vice President Joe Biden "leaked the names of SEAL Team 6 family's to Al Qaeda." Biden publicly credited the SEALs with killing Osama Bin Laden, but did not disclose the team or team members respons
FactCheck.org2 min readPolitics
Nicole Kidman Did Not Call Trump ‘The Best President in U.S. History’
A story being shared by thousands of Facebook users includes a "quote" about President Donald Trump that has been misattributed to the actress Nicole Kidman. The post Nicole Kidman Did Not Call Trump ‘The Best President in U.S. History’ appeared firs