9th U.S. Circuit Court of Appeals,
Constitutional Law
Aug. 15, 2018
Judge O'Scannlain should be overruled again on gun regulations
Once more, Judge Diarmuid O’Scannlain has written an opinion for the 9th U.S. Circuit Court of Appeals striking down a state law regulating guns as violating the Second Amendment.
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).
Once more, Judge Diarmuid O'Scannlain has written an opinion for the 9th U.S. Circuit Court of Appeals striking down a state law regulating guns as violating the Second Amendment and hopefully once again the 9th Circuit in an en banc decision will overrule him. In Young v. Hawaii, the 9th Circuit, in a 2-1 decision, struck down a Hawaii law limiting the open carrying of firearms and held that the Second Amendment encompasses a right to carr...
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