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Constitutional Law

Oct. 21, 2024

The death of the 2nd Amendment: Part III - Scalia's 'history'

Justice Antonin Scalia's historical arguments, which sought to demonstrate that the Second Amendment's wording supported individual gun rights, relied on NRA-sponsored research that was contested by other scholars.

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.

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The death of the 2nd Amendment: Part III - Scalia's 'history'
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My last column summarized how Justice Antonin Scalia's opinion in District of Columbia v. Heller, 554 U.S. 570 (2008), used the text of the Second Amendment to support his conclusion that it protected not only the use o...

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