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Old March 24, 2013, 07:03 PM   #15
Tom Servo
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 12,130
I think Alito did a much better job in McDonald than Scalia did in Heller
Agreed. The one thing Alito did was include the word fundamental several times. That's vitally important, as restrictions on the exercise of fundamental rights are met with strict scrutiny.

I was disappointed in Scalia's decision. I think he could -- and should -- have done better
He was called upon to answer two questions: is a ban on handguns in the home constitutional, and does the 2A protect an individual right? He actually went pretty far in answering those. Had he gone off-topic into broader waters, the cries of "judicial activism" would have rung true.

Carry outside the home wasn't the issue in Heller.

The Supreme Court can, and has overturned it's own precedents.
They have, but it's taken a long time and major social changes for them to do so. Brown v. Board of Education comes to mind, and that was almost 60 years after Plessy v. Ferguson.
Sometimes it’s nice not to destroy the world for a change.
--Randall Munroe
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