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Is Heller like Griswold or like Roe or like ...?

By Douglas A. Berman

As I have been blogging since the Heller decision came down, it is going to take a long time and lots of litigation to unpack just what this Supreme Court decision means for the scope and application of individual Second Amendment rights.  Helpfully, some smart folks have some new articles on SSRN helping us with any Heller headaches by suggesting that Heller is really like some earlier landmark Supreme Court rulings. Professor Cass Sunstein, for example, suggests Heller is like Griswold v. Connecticut in this new paper, titled "Second Amendment Minimalism: Heller as Griswold."  Judge J. Harvie Wilkinson III, in contrast, suggests Heller is like Roe v. Wade in this new paper, titled "Of Guns, Abortions, and the Unraveling Rule of Law...continue to full post

Full post as published by Sentencing Law and Policy on September 16, 2008 (boomark / email).