U.S. Supreme Court,
Constitutional Law,
9th U.S. Circuit Court of Appeals
Sep. 4, 2014
The 10-day waiting period is reasonable
Rarely will the conservative majority on the Supreme Court issue a decision so objectionable that it draws harsh rebukes from sitting federal appellate judges; but 2008's Heller decision elicited just that
John J. Donohue III
C. Wendell and Edith M. Carlsmith Professor of Law
Stanford Law School
Email: donohue@law.stanford.edu
Rarely will the conservative majority on the Supreme Court issue a decision so objectionable that it draws harsh rebukes from sitting conservative, Reagan-appointed federal appellate court judges; but 2008's Heller decision, creating an individual constitutional right to keep and bear arms, elicited just that. Judges Richard Posner and Harvie Wilkinson strongly criticized the decision as an unwise "snow job" of unprincipled rhetoric that violated established principles of constituti...
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