The Bill of Rights is
like a family portrait, and the Second
Amendment must not be excluded from the
picture.
The
Supreme Court cannot overturn Heller
without overturning Obergefell. The
Court ruled as fundamental both the right of
an individual to own & possess arms and
the right of an individual to marry a person
of the same sex. However, Hellers
holding is based on a longer history and a
stronger foundation than Obergefell's
holding.
I.e., if Obergefell stays at the
party, so does Heller. It is a
marriage pronounced by the Supreme Court.
57 South Texas Law
Review 215 (2016).
If the rule of law is to prevail, Supreme
Court decisions that hold that a right is
fundamental require obedience by lower
courts.
Yet in the wake of the Supreme
Courts Heller and McDonald
decisions that clarify and protect Second
Amendment rights, federal and state inferior
courts have been engaging in massive
resistance.
81 Tenn. L. Rev. 673
(Spring 2014).