9th U.S. Circuit Court of Appeals,
Constitutional Law,
U.S. Supreme Court
Jun. 15, 2016
Gun rights may shift in Scalia's absence
With the change in the composition of the U.S. Supreme Court because of Justice Antonin Scalia's death, the constitutional protection of gun rights seems unlikely to continue -- starting with two 9th Circuit cases.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
In two opinions for the 9th U.S. Circuit Court of Appeals, Judge Diarmuid O'Scannlain went further than any U.S. Supreme Court decision in history in striking down laws as violating the Second Amendment. One of these rulings, Peruta v. County of San Diego, was overturned by an en banc decision on June 9. 2016 DJDAR 5523. The other, Teixeira v. County of Alameda, 2016 DJDAR 4594, decided May 16, likewise should be overruled. In fact, with the change in the composition of t...
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