matrix wrote:G26ster wrote:On a different track related to the political side:
In a recent interview with Time magazine, retired Justice John Paul Stevens was asked to name the most important majority opinion he disagreed with. His answer - "I would change the interpretation of the Second Amendment. The court got that quite wrong." It will take just ONE more judicial appointment like Justice Stevens, and you can kiss your CHL and Second Amendment rights goodbye. That's enough for me.
I don't think that's necessarily true. SCOTUS is big on precedents. A precedent has been set now. Let me give you an example. The same argument you're using about the 2nd amendment could have been used by a liberal regarding Roe v. Wade. Imagine back before there was a 5-4 conservative majority on the SCOTUS and imagine that you're a liberal fellow (I know, horrifying). You would be making the argument that we can never allow a conservative majority on the court because the moment there is one, Roe v. Wade is out the window and bye-bye reproductive rights. Well, we've had a 5-4 conservative majority for some time now, and last time I checked Roe v. Wade was still on the books. Just like the 2nd amendment decision would be if there was a liberal majority.
It may be apples and oranges using the Roe v. Wade and Second Amendment issues. You are addressing Stare Decisis. There have been few challenges to abortion law, but many on the Second Amendment, especially recently. As for Stare Decisis:
From Wikipedia
In the United States Supreme Court, the principle of stare decisis is most flexible in constitutional cases:
Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right. ...
But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this Court has often overruled its earlier decisions. ... This is strikingly true of cases under the due process clause.
—Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406–407, 410 (1932)[2] (Brandeis, J., dissenting).
For example,
in the years 1946–1992, the U.S. Supreme Court reversed itself in about 130 cases.[7] The U.S. Supreme Court has further explained as follows:
[W]hen convinced of former error, this Court has never felt constrained to follow precedent. In constitutional questions, where correction depends upon amendment, and not upon legislative action, this Court throughout its history has freely exercised its power to reexamine the basis of its constitutional decisions.
—Smith v. Allwright, 321 U.S. 649, 665 (1944).[3]
The United States Supreme Court has stated that where a court gives multiple reasons for a given result, each alternative reason that is "explicitly" labeled by the court as an "independent" ground for the decision
is not treated as "simply a dictum."[8]