Litigation
Cal. Litig. 2021, Volume 34, Number 1
Content
- A Supreme Court Clerk Remembers Justice Ruth Bader Ginsburg
- Are Covid-19 Eviction Restrictions Constitutional?
- Covid-19 and Commercial Tenancies: Can the Twain Ever Meet? Negotiation Tips to Do So
- Editor's Foreword Seriously, How Are You?
- From the Section Chair Walking the Walk
- Interview With Magistrate Judge Helena M. Barch-Kuchta of the Eastern District of California
- Man of Tomorrow the Relentless Life of Jerry Brown By Jim Newton
- Masthead
- Rbg (Revered By Generations): Defying and Redefining Labels
- Staying Enforcement of a Money Judgment on Appeal
- Table of Contents
- The Essential Scalia: On the Constitution, the Courts, and the Rule of Law Edited by Jeffrey S. Sutton and Edward Whelan
- Witness Preparation: Cinematic Lessons
- Second Amendment: the Dozen Yardsticks for Measuring its Scope
Second Amendment: The Dozen Yardsticks for Measuring its Scope
By William Slomanson
William Slomanson is an instructor at the University of San Diego’s University of the Third Age, San Diego State University’s Osher Institute, and professor emeritus, Thomas Jefferson School of Law. He can be reached at bills@tjsl.edu.
The Problem
There will be 12 functioning, proposed, or allegedly rebuffed benchmarks to choose from, when the U.S. Supreme Court finally drafts its Second Amendment blueprint. The Court’s 2008 precedent confirmed the fundamental nature of the constitutional right to keep guns in the home for self-defense. (District of Columbia v. Heller (2008) 554 U.S. 570 (Heller).) The Court’s 2010 McDonald decision extended Heller to all cities and states — via the selective incorporation of another Bill of Rights provision into the laws of all cities and states. (McDonald v. City of Chicago (2010) 561 U.S. 742 (McDonald).) But neither Heller nor McDonald embedded a template for future legal challenges to the nation’s gun regulations.