• Podcast

Is the Second Amendment a “Second Class Right”?

January 17, 2019

The Supreme Court has not decided a major Second Amendment case since McDonald v. Chicago in 2010, but the Court may break this silence soon if it decides to grant certiorari in Mance v. Whitaker – a challenge to a law prohibiting interstate handgun sales. In this episode, Cato's Clark Neily, a leading Second Amendment litigator, and Adam Winkler, UCLA Law professor and noted Second Amendment scholar, join host Jeffrey Rosen to discuss Mance and other pending cases and debate whether courts have treated the Second Amendment as a “second class right.” 


Note: An early transcript of the podcast is linked here. This text may not be in its final form, accuracy may vary, and it may be updated or revised in the future.


Clark Neily is Vice President for criminal justice at the Cato Institute and served as co-counsel in the landmark 2008 Second Amendment case, D.C. v. Heller. Clark is an adjunct professor at the University of Texas School of Law and was previously a senior attorney at the Institute for Justice. 

Adam Winkler is Professor of Law at UCLA Law, specializing in American constitutional law and the Supreme Court, and has been cited in a number of landmark Second Amendment Supreme Court cases. He is the author of Gunfight: The Battle over the Right to Bear Arms in America (2011) and We the Corporations: How American Businesses Won Their Civil Rights as well as the Interactive Constitution’s Second Amendment explainers.

​​​​​​Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a nonpartisan basis.” 

Additional Resources

Our Interactive Constitution is the leading digital resource about the debates and text behind the greatest vision of human freedom in history, the U.S. Constitution. Here, scholars from across the legal and philosophical spectrum interact with each other to explore the meaning of each provision of our founding document. 

The Second Amendment by Nelson Lund and Adam Winkler

This show was engineered by Greg Scheckler, and produced by Jackie McDermott. Research was provided by Lana Ulrich, Jackie McDermott, and Ben Roebuck.

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