it came in the 1960's from joseph heller's novel.e immediately recognized this was something that could be applied to the impossibility of nuclear war. the policy of deterrent rested on the assumption, not fact, and speculation. who are these theorists of nuclear deterrence? the folks at the rand -- whotion, people like both acknowledged it was irrational or even insane. the news of nuclear weapons was insane. the willingness to use weapons was considered realist. even argued that nuclear war was possible and winnable. his approach could be summarized in way. i am not saying we would not get more than 10ed, no million, 20 million killed, tops. who knows where this quote originated? it was not kahn. anybody? it was general turgedson from dr. strangelove. [laughter] he said that in the war room. it could have come from kahn. when stanley kubrick planned the movie, he read kahn's on therm al nuclear war and subscribed to the atomic scientists, which scientists by the against nuclear war. the culturalnto realm of the 1960's. stanley kubr

joseph, a law professor at duke university and co-director of the center for firearms law. he's also the co-author of "the positive second amendment." rights, regulation, and the future of hellerank you for being with us. you have written that this is a strange case in which to go big. but that, assuming it were to go forward which it might not, that the -- the stakes are potentially huge. why do you say that? >> well, if it's not too late, actually i'd like to add my bet to yours. i think that pete's prediction of how this case is going to go does seem the most likely based on what we heard today from the oral argument. particularly, i think most significantly what the chief justice said. but if the case doesn't go moot or if, you know, whatever the -- whenever the court decide to hear another second amendment case. what's really at stake here is how this court and future federal courts are going to evaluate the constitutionality of gun laws. and in the last ten years, since the supreme court's blockbuster 2008 decision in district of columbia versus heller. which is what is usually called the two-part framework but there is an alternative test being championed by justice bre