New Fox News piece: Illegal Alien Legal Challenge

My newest piece has this discussion:

With those words in mind, alarm bells should have gone off during Elena Kagan’s confirmation testimony to the Senate Judiciary Committee on Tuesday. Here’s what Kagan told Sen. Charles Grassley (R-Iowa):

It has long been thought, starting from the “Miller” case, that the Second Amendment did not protect such a right. . . . Now the Heller decision has marked a very fundamental moment in the court's jurisprudence with respect to the Second Amendment. And as I suggested to Senator Feinstein there is not question going forward that ‘Heller’ is the law, that it is entitled to all the precedent that any decision is entitled to and that is true to the ‘McDonald’ case as well...

There are two big problems with Kagan’s remarks: she inaccurately describes the 1939 "Miller" case and her claims to follow stare decisis are meaningless. . . .