Resistance by Inferior Courts to Supreme Court's Second Amendment Decision

26 Pages Posted: 29 Aug 2014  

Alice Marie Beard

Independent

Date Written: July 1, 2014

Abstract

In the wake of the Supreme Court’s Heller and McDonald decisions that clarify and protect Second Amendment rights, federal and state inferior courts have been engaging in massive resistance. Supreme Court decisions holding that a right is fundamental require obedience by lower courts if the rule of law is to prevail. The Supreme Court can grant review in another case and reassert its authority to this stubborn resistance. Absent that, legislative fixes are available, and the passage of time and a change in the culture may end the resistance.

Keywords: Second Amendment, Heller, McDonald, massive resistance

JEL Classification: K00, K10

Suggested Citation

Beard, Alice Marie, Resistance by Inferior Courts to Supreme Court's Second Amendment Decision (July 1, 2014). Tennessee Law Review, Vol. 81, 2014. Available at SSRN: https://ssrn.com/abstract=2488687

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