Historically, the new government had no money to pay for an army, so they relied on the state militias. And the states required men to have certain weapons and they specified in the law what weapons these people had to keep in their home so that when they were called to do service as militiamen, they would have them. That was the entire purpose of the Second Amendment.

I conceived of myself in large part as a teacher. There wasn't a great understanding of gender discrimination. People knew that race discrimination was an odious thing, but there were many who thought that all the gender-based differentials in the law operated benignly in women's favor. So my objective was to take the Court step by step to the realization, in Justice Brennan's words, that the pedestal on which some thought women were standing all too often turned out to be a cage.

Feminism … I think the simplest explanation, and one that captures the idea, is a song that Marlo Thomas sang, 'Free to be You and Me.' Free to be, if you were a girl—doctor, lawyer, Indian chief. Anything you want to be. And if you’re a boy, and you like teaching, you like nursing, you would like to have a doll, that’s OK too. That notion that we should each be free to develop our own talents, whatever they may be, and not be held back by artificial barriers—manmade barriers, certainly not heaven sent.

...The Court ...[recognizes]...the persistence of racial inequality and a majority's acknowledgement of Congress's authority to act affirmatively, not only to end discrimination, but also to counteract discrimination's lingering effects. Those effects, reflective of a system of racial caste [legal segregation and discrimination] only recently ended, are evident in our work places, markets, and neighborhoods. Job applicants with identical resumes, qualifications, and interview styles still experience different receptions, depending on their race.

There are just a host of problems born by the electronic age. Things we couldn't even conceive of. I was amused by the analogy that Justice Scalia made in a case about a GPS tracker so you don't know that's being done to your car, is that a violation of your right to protection against unreasonable searches and seizures. So Justice Scalia imagines a constable clinging to the bottom of a carriage as it went on its way, so there was some notion that this similar: there is an official eye that's on you, but you don't know about it. Yes, there are all kinds of challenges.

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