[Opinion] Text, history, and party presentation

Text, history, and party presentation

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation. As has been observed by Rory Little at SCOTUSblog, the party presentation principle is on the rise at the Supreme Court. The principle stands for the simple idea that the parties control their case – what claims they bring, what defenses they raise, what arguments they make, what evidence they present – and that these choices potentiall…