Constitutional Law
Jun. 16, 2025
2nd Amendment weirdos - Part I: The shaky foundation
If a legal doctrine rests on a flawed foundation, the rulings built on it will be unstable--and that's exactly what's happened with the Supreme Court's shaky interpretation of the Second Amendment in Heller.
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
If a building's foundation is shaky, everything built above it
is insecure. The floors might sag, the windows might rattle, the chimney might
tilt.
So it is with the law.
Suppose a United States Supreme Court decision creates a new rule. If the court's reasons for adopting the rule are not persuasive, or if its guidelines for applying the rule are difficult to apply or lend themselv...
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