The Supreme Court Review (Journal)

With Roe at Risk, Justices Explore a New Way to Question Precedents

In 2008, in Justice Antonin Scalia’s majority opinion in District of Columbia v. Heller, which recognized an individual right to own guns under the Second Amendment, he discounted the leading precedent by focusing on its litigation history. The defendants “made no appearance in the case, neither filing a brief nor appearing at oral argument; the […]

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