Heller's Future in the Lower Courts
10 Pages Posted: 17 Jul 2008 Last revised: 17 Oct 2008
Date Written: July 17, 2008
The Supreme Court's recent decision in District of Columbia v. Heller not only established an individual right to gun ownership, but also overturned - by a 9-0 margin - lower-court caselaw based on a "collective right" interpretation of the Second Amendment. This article looks at how Heller is likely to fare in the lower courts, based on experience with other recent Supreme Court decisions, and incorporates new scholarship on decision rules and the so-called "new doctrinalism."
Keywords: heller, guns, firearms, constitutional law, second amendment, gun control, decision rules
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