District of Columbia v. Heller, which recognized an individual right to possess a firearm under the Constitution, is unquestionably the most clearly incorrect decision that the Supreme Court announced during my tenure on the bench.
The text of the Second Amendment unambiguously explains its purpose: “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” When it was adopted, the country was concerned that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several states.***
That’s cold comfort. I have written in other contexts that an amendment to the Constitution to overrule Heller is desperately needed to prevent tragedies such as the massacre of 20 grammar-school children at Sandy Hook Elementary School on December 14, 2012, from ever happening again. But such tragedies have indeed happened again. In the course of writing the chapter of my memoir that discusses Heller, on October 1, 2017, a gunman fired from the 32nd floor of a hotel in Las Vegas, killing at least 58 people and injuring more than 500 more who were attending an outdoor concert. I had not yet finished the chapter when another mass shooting occurred, this one involving the death of 26 people—including three generations of a single family—at a church on November 5, 2017, in Sutherland Springs, Texas. More shootings have happened since.
You ain’t seen nothing yet.