Constitutional Law
Jun. 16, 2025
The shaky foundation - Part I: 2nd Amendment weirdos
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
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
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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