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June 2, 2009, 09:21 PM | #1 |
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Supreme Court, overruling precedent
Under what circumstances has the Supreme court overturned it's own long-standing precedent in the past?
Since we know that the weight of precedent is to be carefully protected in jurisprudence, what sort of criteria or facts would a seasoned justice need to see to justify overturning old, established case law? Would the cases which are obstacles to incorporation of the 2nd exceed that threshold? |
June 2, 2009, 09:36 PM | #2 |
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Well, let's see: Overturned Plessey vs. Ferguson, separate but equal with Brown vs. Topeka Board of Education Hardwicke vs Georgia
was overturned involving sodomy laws. Those are the two I know the most about right now.
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June 2, 2009, 11:02 PM | #3 |
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Most often, the Supreme Court will make momentous overrulings when society/history reflects a large change.
I.e. IIRC Erie v. Thompkins came on the heels of great depression (tons of new doctrines gained acceptance at the time.) As Tennessee Gentleman indicated, the other rulings, Brown & Plessy IIRC came at the time of great social unrest. Barring another idiot shooting up some public place, I would not worry about overruling gun laws too much now. Noise-IMHO-GEM
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E Pluribus Unum Last edited by Glenn E. Meyer; June 3, 2009 at 01:05 PM. Reason: No evidence for such a conspiracy. |
June 3, 2009, 12:14 PM | #4 |
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Usually when the court reverses itself, it is to restore a civil right that was legislated away back in the days of WASP rule. I don't see this court revisiting the 2nd amendment unless some one takes on a state with unconstitutional laws, such as Maryland calling minor misdemeanors felonies for the purpose of gun laws. That is a civil rights issue now in such that a misdemeanor does not take away your lawful personal rights.
Also if this administration signs the UN firearms ban and the Hill ratifies it, then you'll see a suit filed in Richmond's Rocket Docket so as to get before the court as fast as is possible. Before the balance of the court can be tilted by new blood. |
June 5, 2009, 02:13 PM | #5 |
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The Court reverses itself when there is enough of a change of personnel
on it and the clerks-who do most of the writing of the opinions-persuade the justices to accept their viewpoints. Think of Bowers vs. Hardwick then Lawrence vs texas. |
June 5, 2009, 05:17 PM | #6 |
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Interesting opinions. I had in mind cases that must be overturned in order to restore the 14th to it's originally intended scope.
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June 5, 2009, 07:15 PM | #7 | |
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Quote:
SCOTUS does not need to reverse Slaughterhouse because the desired end (applying the Bill of Rights to the states) has largely been achieved through due process incorporation. SCOTUS can tidy up any remaining loose ends through further due process incorporation without opening a possible Pandora's box by reversing Slaughterhouse. |
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June 7, 2009, 06:25 AM | #8 | ||
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Reading the Slaughterhouse opinion, I'm wondering: do we really want that reversed?
Some excerpts: Quote:
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June 7, 2009, 08:58 AM | #9 | ||
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June 7, 2009, 11:55 AM | #10 | |
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