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Constitutional Law

Jul. 21, 2025

2nd Amendment weirdos - Part III: 'Whatever you say, boss.'

When a restaurant owner orders his skeptical chef to cook a stew he knows won't work, insisting "I'm the boss," the result may be a mess. Something similar may be unfolding in our courts, where lower judges, bound by Supreme Court precedent, dutifully follow orders while quietly signaling that the recipe -- in this case, Heller and Bruen -- is deeply flawed.

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.

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2nd Amendment weirdos - Part III: 'Whatever you say, boss.'
Shutterstock

A restaurant owner tells his chef, "Here's a terrific new recipe for lamb stew my wife came up with. Make it." The chef reads the recipe, shakes his head and says, "It won't work, boss. It will turn out to be an inedible mess."  The owner replies, "Do it, anyway. I'm the boss!" The chef knows his place: "Whatever you say, boss." 

Something like that might be...

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