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Could be prohibited. what he referred to specifically is machine guns could be prohib prohibited. it is very important to recognize, under the heller decision, machine guns can be prohibited. >> they were in the firearms act, a long time ago. >> yes. >> they have been prohibited. >> yes, senator. justice scalia's opinion did not disturb that long-standing regulation. in fact, specifically, reaffirmed that machine guns could be prohibited. the court in heller, the supreme court, upheld -- or struck down a d.c. ban on handguns, most of which are semiautomatic. >> let me interrupt you. i think we...

D.c. assault weapons p s ban wa unconstitutional. i think because you said these weapons were in common use. what did you base your conclusion, that assault weapons are in common use? what evidence or study did you use to do that? >> thank you, senator feinstein, for the question. i understand, of course, your role on that issue, and your long leadership on that issue. i appreciate that. i faced a decision where, as in every other decision, just about, on the d.c. circuit, i had to follow precedent. precedent of the supreme court. i don't get to pick and choose which supreme court precedents i...

More california pragmatist. judge kavanaugh is a formalist. i think of the the 14 times that the supreme court has endorsed an opinion by judge kavanaugh. justice kennedy was in majority of those decisions. i think it's suggest lot of overlap between justice kennedy and judge kavanaugh and the mainstream of american legal thought. >> i want to point your attention to one of those vindications. that's the 2001 heller decision that of course judge kavanaugh wrote the dissent for. he said those second amendment constitutional right that do includes semiautomatic weapons in that case. supreme cour...

This is what the nra is constantly warning will happen. and what is so striking about this proposal is it is completely unnecessary. in the heller opinion that justice stevens disseptembered from, supreme court said that regional arrangement of guns having back ground checks and so tort a forth are perfectly constitutional. and 44 states law open carry. so you could pass all of the gun control regulations that justice stevens is calling for without repealing the second amendment and to call for the second amendment would inflame our politics to a degree that we haven't seen since row v. wade. ...

Interactive constitution. check out the app where the top liberal and conservative scholars neilson lunden and winkler agree about that. so concern about total disarms of the citizens is at the core. this is what the nra is constantly warning will happen. what's so striking about this proposal is it's completely unnecessary in the heller opinion that justice stevens dissented from, the regulation of guns ranging from preventing guns in schools and having background checks and so forth are perfectly constitutional. furthermore, 44 states allow open carry even though the supreme court hasn't sai...