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Pretty much the 7th said they think that the 9th screwed up by incorporating, since the SCOTUS has previously ruled it is not.
There was some dicta that seemed to say they think it should be, but they were clear that they think it is not their place to do so.
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Very respectable of them, IMO (untrained as I am from a legal standpoint).
As much as I like the 9th's incorporation decision... it did seem to be legislating from the bench. Which we hate as a policy. Subordinate courts can't overrule higher court decisions.
I doubt SCOTUS will hear this before an Obama appointee gets approved. No matter, though. The loss of Ginsberg for another raving lib is not going to change the makeup for this issue.