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Old March 21, 2013, 01:23 PM   #6
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Join Date: December 13, 2005
Posts: 2,539
Originally Posted by Glenn E Meyer
If, hopefully, these new state laws get to the court in real time, will Scalia and company realize that they cannot dance around the issue this time?
The majority had good reason to dance. Aside from the dancing required in order to get a majority, I do not believe it would have been politically realistic to set forth a judicial decision that would wipe away the NFA and subsequent Congressional acts.

Until and unless someone figures out how to clone Clarence Thomas eight times and get all eight clones nominated and confirmed, I do not see Second Amendment jurisprudence clarifying into "what part of "shall not be infringed" do you not understand?".

Originally Posted by Come and take it
Lets pray for the health of our Supreme Court conservatives.
Prudence would require us to do even more than that. Justices will retire, die and be replaced.

Originally Posted by Frank Ettin
But they provide us with much more powerful judicial tools than we had a few years ago.
Indeed. If anyone doubts the power of the decision, he need only imagine what the landscape would look like now if the decision had gone the other way.

However, that Heller was an important and substantial victory should not suggest to anyone that it is a permanent victory. The Heller victory will not last unless the people we elect to federal government want to nominate and confirm justices who will protect that victory. The Supreme Court has effectively reversed itself before, and there is no reason to believe that after a minor change in voting arithmetic the Heller minority would refrain from overturning the decision.

The Supreme Court and the Constitution insulate us from the worst of representative government, but they cannot prevent it over time.
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