What role, if any, should a judge’s personal preference concerning the outcome of a case play in deciding a dispute? That controversial question resurfaced last month as the U.S. Supreme Court heard oral arguments in a closely watched case that presents the question of whether the Second Amendment to the U.S. Constitution confers an individual right to own guns.

The Supreme Court has not yet definitively resolved what the Second Amendment means. The last time the Court spoke at length about the provision’s meaning was nearly seven decades ago, in United States v. Miller, 307 U.S. 174 (1939). And the language of the Miller ruling seems to provide more support for those who argue that the Second Amendment provides only a collective, militia-based right to bear arms, instead of an individual right unconnected to service in a state militia.

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