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
Suggested Citation: Suggested Citation
Reynolds, Glenn Harlan and Denning, Brannon P., Heller's Future in the Lower Courts (July 17, 2008). Northwestern University Law Review, Vol. 102, No. 406, 2008; University of Tennessee Legal Studies Research Paper No. 40. Available at SSRN: https://ssrn.com/abstract=1162168