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Much criticized by not just more liberal justices, but also by conservatives. richard pozner essentially said you're cherry picking historical data and making stuff up. he said the range of his tor ral references in the majority opinion is breathtaking, but it is not evidence of disinterested historical inquiry. it is evidence of the ability of well staffed courts to produce snow jobs. so is scalia really using this, you know, very careful process of originalism or is he manipulating originalism to get to the political result that he ultimately wants. >> that's a good question. scalia sees him...

>> and in 2008, the supreme court in the heller decision basically -- the argument you make in the book is nra rewrote the second amendment in front of ouri our eyes and got the supreme court to sign off on it. >> they have the second amendment on the wall but they edited out three dots about the militia. that is kind of what the supreme court did -- >> you walk in the lobby and it says right of the people to keep and bear arms shall not be infringed and got rid of the first clause? >> exactly. the supreme court as you know in this case it was the very first time the supreme court of the unite...

Joining us now, josh fox. you did a brilliant job setting that up and it's a laughing matter when you have that tape. let's say i didn't have it. >> that's the great question. if you didn't have that tape, the one little bit that they showed sounded like, sure, mysterious saudi oil tycoon. bring it on. >> this is the case. why did i record this? i recorded this because it looked shady. it looked like a scam. it looked like entrapment. there was a website attached. there were fake identities. there was an entire web of deception that they spun to tell this tale. >> tell me how this happened. >>...

Of the periods since, it's much more nuance than that. >> in the dissent, there's a case made that there was tons of regulation and tons of understanding of the second amendment that it wasn't an individual right. >> that's right. to me i think we can't imagine we can go back in a time machine and ask james madison how should we deal with issues of guns or much else in the country these days? we have to consider the original intent absolutely but also how is the country evolved? they didn't have assault weapons. they didn't have cities. they didn't have police forces. >> they didn't have chipo...

On for freedom. that's what's new and different. >> and in 2008, the supreme court in the heller decision basically -- the argument you make in the book is nra rewrote the second amendment in front of our eyes and got the supreme court to sign off on it. >> they have the second amendment on the wall but they edited out three dots about the militia. that is kind of what the supreme court did -- >> you walk in the lobby and it says right of the people to keep and bear arms shall not be infringed and got rid of the first clause? >> exactly. the supreme court as you know in this case it was the ve...