Dershowitz asks why ‘states can’t regulate guns’ but can ban abortions, Twitter helps him out

In a progressive rant unworthy of the man who managed to get Claus von Bülow off the hook, famed Constitutional and criminal law professor Alan Dershowitz asked why “states can’t regulate guns, but they can ban abortions.”

“The Supreme Court has just limited substantially the power of the states to regulate the carrying of guns in public,” Dershowitz wrote in an op-ed for The Hill following the Supreme Court’s Thursday ruling in favor of the Second Amendment. “The justices refused to recognize that different states, or different areas within the states, have different needs with regard to gun control. They have ruled that one size fits all under the Second Amendment.”

“Defenders of this decision will argue that the right to bear arms is explicitly guaranteed by the Second Amendment, whereas there is no explicit reference to abortion in the Constitution,” he continued. “This argument has gone too far.”

In a claim best described as “disingenuous,” Dershowitz then argued that “limiting language” exists in the Second Amendment.

“The Second Amendment itself has limiting language in the words ‘well-regulated militia,’ strongly suggesting that the states have the power to regulate gun ownership,” he wrote. “Moreover, even though the word ‘abortion’ is not in the Constitution, the Fourth Amendment guarantees the right of the people, including women, to be secure in their persons. At the time of the Framing, the words ‘secure’ described what we today call ‘the right of privacy.'”

What Dershowitz fails to address are the words “Shall not be infringed.”

“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,” the Second Amendment reads.

And while it does state that a “well regulated Militia” is vital to keep a state free, it does not say the state is to be the one to regulate the militia, nor does it say “shall not be infringed… except when the State wants to stomp all over it.”

Dershowitz also neglects to explain how killing a baby is a private matter.

So, perhaps next question for the astute professor needs to be, “If killing your baby is a private matter, why isn’t shooting your toddler or axing your grandmother?”


The fact is, Dershowitz knows full well that the Tenth Amendment answers his question so simply that even a Harvard Law School professor can grasp it: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

And as Dershowitz himself acknowledged, “the word ‘abortion’ is not in the Constitution.”

But, in case he forgot he wrote it, Twitter users were quick to give him a refresher course on Constitutional law.

“Because there is a clearly stated recognition of a right to own and carry guns in the Constitution,” one user replied. “Stop pretending this is difficult or controversial.”

“There is no right to an abortion,” another said.

“Easy,” stated a third. “Gun rights are specifically called out in the Constitution. The right to murder an unborn child is not. Any further questions?”

Others were just too disappointed with Dershowitz’s take on the historic SCOTUS decision to pick apart the flaws in his argument.

“Disgusting sickening UnAmerican,” tweeted one user.

Another summed up the op-ed with a brutal, plainly-spoken truth: “You’re better than this, Alan.”


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