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Constitutional Law

Aug. 4, 2025

2nd Amendment weirdos - Part IV: The Aloha Spirit

How Hawai'i's Supreme Court pushed back -- politely but firmly -- against U.S. Supreme Court Second Amendment rulings in Wilson, invoking history, common sense and even the state's "Aloha Spirit."

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 IV: The Aloha Spirit
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My recent columns described America's "Obey the Boss" judicial structure, where each lower court is required to follow the rulings of higher courts. But there's no bar to verbal resistance that falls short of refusal. Their Honors mayst protest as they choose. It doesn't happen often, but it happens.

I described how it happened in Wolford v. Lopez 116 F.4th 959 (9

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