Constitutional Law
Oct. 7, 2024
The death of the 2nd Amendment: Part II - Scalia's reasoning in Heller
Justice Antonin Scalia asserts that the right to bear arms refers to individual rights and not collective rights tied to state militias, suggesting militias are a subset of "the people."
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.
In my last column, I suggested that I might have come across a way for a future Supreme Court to overrule District of Columbia v. Heller, 554 U.S. 570 (2008), where the Supreme Court held for the first time that the Second Amendment protects an individual's right to "keep and bear arms" - even...
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