Past Issues
Submissions
Subscriptions
Membership
Symposia
Copyright
About
Member Access



UCLA Law Review

1242 Law Building
Box 951476
Los Angeles, CA 90095-1476

Tel: (310) 825-4929
Fax: (310) 825-6365

General Inquiries:
Ann M. Roller
Office Coordinator


RSS Feeds:



ARTICLE

Heller’s Catch-22
Adam Winkler* 
56 UCLA L. Rev. 1551

[PDF]:
[TEXT]: Westlaw | LexisNexis | HeinOnline |

Joseph Heller’s satire Catch-22 has become a classic for its revealing look at the illogic, inconsistency, and circular reasoning common in modern bureaucratic life. This Article uses Heller’s novel to frame a critical analysis of the recent landmark Second Amendment decision of the U.S. Supreme Court that carries the Catch-22 author’s surname, District of Columbia v. Heller. The majority opinion in Heller suffers from many of the missteps and contradictions Heller’s novel identified. Although hailed as a “triumph of originalism,” the opinion paradoxically relies on a thoroughly modern understanding of gun rights. Justice Scalia has argued that originalism is necessary to preserve the legitimacy of the Court, but Heller is more likely to be accepted as legitimate precisely because Scalia’s opinion departed from the original meaning of the Second Amendment. Moreover, this celebrated landmark decision has had almost no effect on the constitutionality of gun control. To date, the federal courts have yet to invalidate a single gun control law for violating the Second Amendment right to bear arms, despite scores of cases. While some laws are sure to be invalidated in time, the new Second Amendment’s bark is far worse than its right. The greatest irony is that Heller’s logical flaws and inconsistencies improve the decision, making it more likely to endure and helping to cement a reasonable, not radical, right to bear arms.


* Professor of Law, UCLA School of Law.

Leave a Reply

Issue 56:5
Gun Control After Heller: Threats and Sideshows From a Social Welfare Perspective
Philip J. Cook
Jens Ludwig
Adam M. Samaha

Heller, New Originalism, and Law Office History: “Meet the New Boss, Same as the Old Boss”
Saul Cornell

Heller and the Triumph of Originalist Judicial Engagement: A Response to Judge Harvie Wilkinson
Alan Gura

The Heller Paradox
Dennis A. Henigan

A Modern Historiography of the Second Amendment
Don B. Kates

The Myth of Big-Time Gun Trafficking and the Overinterpretation of Gun Tracing Data
Gary Kleck
Shun-Yung Kevin Wang

Why The Second Amendment Has a Preamble: Original Public Meaning and the Political Culture of Written Constitutions in Revolutionary America
David Thomas Konig

The Second Amendment, Heller, and Originalist Jurisprudence
Nelson Lund

The Supreme Court and the Uses of History: District of Columbia v. Heller
Joyce Lee Malcolm

The Right to Know: An Approach to Gun Licenses and Public Access to Government Records
Kelsey M. Swanson

Heller & Originalism’s Dead Hand — In Theory and Practice
Reva B. Siegel

Permissible Gun Regulations After Heller: Speculations About Method and Outcomes
Mark Tushnet

Implementing the Right To Keep and Bear Arms for Self-Defense: An Analytical Framework and a Research Agenda
Eugene Volokh

Heller’s Catch-22
Adam Winkler



© 2010 UCLA Law Review