Constitutional Law
Sep. 23, 2024
The death of the 2nd Amendment: Part I - Heller
The current conservative majority on the Supreme Court is unlikely to change its stance, but future shifts in the Court's composition could completely knock out the 2nd Amendment.
Myron Moskovitz
Legal Director Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
The Second Amendment is probably the most opaque provision of our federal Constitution. Here are its words: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
What effect (if any) does the first part have on the second part? Does the right "to keep and bear arms" kick in only if those arms are used for service in "a well regulated Militia?" Or does the right ...
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