Supreme Court Justice Antonin Scalia said Sunday the Second Amendment leaves open the possibility of gun-control legislation.
Scalia, one of the high court’s most conservative justices, said on “Fox News Sunday” that the majority opinion in the landmark 2008 case of District of Columbia v. Heller stated the extent of gun ownership “will have to be decided in future cases.”
“We’ll see,” he said.
Scalia said exceptions were recognized when the amendment was written, including a tort that prohibited people from carrying a “really horrible weapon just to scare people like a head ax or something.”
He also repeated his criticism of Chief Justice John Roberts and the majority opinion this summer that largely upheld President Obama’s Affordable Care Act, particularly the part that called the consequence for non-compliance a tax, not a penalty.
“You don’t interpret a penalty to be a pig,” he said. “It can’t be a pig. … There is no way to regard this penalty as a tax.”