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The post-Heller litigation headaches (and judicial cut-backs) have begun

By Douglas A. Berman

I am pleased to see that Eugene Volokh is tracking some early post-Heller rulings in lower courts, and he has this post spotlighting what appears to be the first ruling, Johnson v. United States, No. 1:07CV155, 2008 U.S. Dist. LEXIS 51148 (E.D. Mo. July 2, 2008), expressly rejecting a challenge to the federal felon-in-possession criminal prohibition.  I am even more pleased to see that a number of commentors to Volokh's post recognize that the the ruling in Johnson is a bit too quick to rely on Heller dicta to rebuff the notion that broad felon-in-possession laws may be constitutionally problematic after Heller.  (On this front, I am pleased to see Glenn Reynolds here at Instapundit asserting his view that any felon who gets his "right to vote restored, ...continue to full post

Full post as published by Sentencing Law and Policy on July 08, 2008 (boomark / email).