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>> did you hear that line about not wanting someone who would be an activist judge and i thought of you immediately because there is a pretty strong argument being made in some quarters that the more conservative members of this court have been, in fact, activist justices. >> well, activist is one of those epithets that's thrown around when it comes to supreme court justices, but as it turns out, everybody likes a certain kind of activist. liberals like roe v. wade which was a decision to overturn abortion laws in many states in the union. that is certainly an activist decision, but conservati...

Protect yourself by the most technologically available means, today, handguns. if this heller decision which involved the district of columbia only says it just applies to the feds, then the second amendment means nothing. but the second amendment really protects a fundamental right. the right to protect yourself like speech and travel and privacy and religion. and those amendments in the constitution protect -- protect us from all government. that's the issue today. >> tell me about this case. tell me about the chicago case. >> the guy. >> this is a 76-year-old african-american gentleman who ...

In place and gun rights and control laws in place. why do you think they shouldn't win on tuesday? >> i think most observers probably think this is alan's case to lose that the same five judge majority that held in his favor in heller is going to apply the second amendment to the states. but i think the important issue is what you just alluded to -- in the heller decision itself not only did the court find it was a very narrow right to have guns in the home for self-defense but in addition the court implicitly recognized there is still broad legislative authority to enact reasonable laws to re...

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Paul: kim, the former justice was on the losing side in heller but it was only a 5-4 decision, his view of the second amendment is that it only applies to militias way back in 18th century. the majority of the supreme court took a different view but they didn't outlaw regulation of guns and constitutional amendment i think we all agree passing that to repeal the second amendment would be very hard, but you could -- >> not simple. >> but you could, not simple but you could have other supreme court judge rulings that eroded that at the margins, why don't you explain? >> yeah, that's why this is ...