presumptive right

Thomas, however, declared that it is an inappropriate test for firearm laws, because “the people” already decided that they hold a presumptive right to bear arms when ratifying the Second and 14th Amendments.

The trend up until now has been to expand the right of self-defence in many states through "castle doctrine" and "stand your ground" laws that give individuals a presumptive right to use force to protect their homes and themselves, rather than to back down from a confrontation.

Steve Zansberg, a media lawyer and president of the CFOIC, had argued that the media and public have a "presumptive right" to see the affidavit.

A coalition of news media organizations, including The Associated Press, had petitioned the court for release of the 130-page document, arguing in part that the public has a presumptive right to know what led to Morphew’s May 5 arrest.

“I think they have a presumptive right to get the reports the executive branch puts out,” said William Marshall, a law professor at the University of North Carolina and an expert on executive privilege and congressional investigations.