Constitutional Status of Lethal Self-Defense

Another quick link at the Volokh Conspiracy. Likely to be missed by the stinking pile of election blog entries there.

Lethal self-defense is so broadly accepted that courts have rarely had occasion to confront grave restrictions on it, and thus haven’t squarely decided its constitutional status. Some lower court opinions have said that there is such a right, and a recent four-Justice plurality opinion -- authored by Justice Scalia, usually no friend of unenumerated constitutional rights -- suggested the same. And the Court’s unenumerated rights caselaw provides a strong case for recognizing a presumptive federal constitutional right to self-defense.

I'd like to see the papers that he references in the intro, though I am doubtful that I'll get access to them.