. Forum

[Anonnymous]

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[vinnnyvincenzo]

If you're writing a memo, and using a court opinion, can you quote a parenthetical from that court opinion and say that the court opinion says whatever is in the parenthetical?

Maybe it's easier if I use an example. Take Lewis v. U.S. 445 U.S. 55 (1980).

Footnote 8 has this parenthetical in a string-cite:

"See United States v. Miller, 307 U.S. 174, 178, 59 S.Ct. 816, 818, 83 L.Ed. 1206 (1939) (the Second Amendment guarantees no right to keep and bear a firearm that does not have “some reasonable relationship to the preservation or efficiency of a well regulated militia”)"


Is it proper and fair for me to say this in my memo?

"The Supreme Court wrote that "the Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to the preservation or efficiency of a well regulated militia.'"

Gracias!

Just cite to the case the parenthetical is being used for. So read U.S. v. Miller and if it indeed says that then quote to it directly rather than quoting a parenthetical.

[BVest]

^ This.

And if, for some reason, you're trying to cite to Lewis, use a "cited in" explanatory phrase.

Blah blah blah. United States v. Miller, 307 U.S. 174, 178 (1939) cited in Lewis v. U.S., 445 U.S. 55, XX n.8 (1980).

[BigRob]

I would do it this way:

The Supreme Court wrote that "the Second Amendment guarantees no right to keep and bear a firearm that does not have 'some reasonable relationship to the preservation or efficiency of a well regulated militia.'" Lewis v. United States, 445 U.S. 55, XX n.8 (1980) (quoting United States v. Miller, 307 U.S. 174, 178 (1939)).