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Old September 16, 2019, 05:05 PM   #100
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 18,476
Quote:
Originally Posted by J.G. Terry
Heller is a court decision and can be reversed right?
Heller is a court decision and, as such, can be reversed. But it is a decision of the Supreme Court, and such decisions are not overturned lightly. They are overturned only when and if a later court determines that a preceding decision was manifestly erroneous. That's possible, of course, but you make it sound like something that's virtually guaranteed to happen ... which it's not.

Quote:
Originally Posted by J.G. Terry
Heller was a decision that could be reversed. Heller reversed previous decisions.
I don't think Heller reversed any previous SCOTUS decisions, but I've been wrong before. Which previous SCOTUS decision(s) did Heller reverse, and on what grounds was/were the reversal(s) made?

From the Wikipedia article on the Heller decision:

https://en.wikipedia.org/wiki/Distri...mbia_v._Heller

Quote:
(f) None of the Court’s precedents forecloses the Court’s interpretation. Neither United States v. Cruikshank, 92 U. S. 542, nor Presser v. Illinois, 116 U. S. 252, refutes the individual-rights interpretation. United States v. Miller, 307 U. S. 174, does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes.
"None of the Court’s precedents forecloses the Court’s interpretation." In other words, no preceding case contradicts this ruling. That's another way of saying "We're not overruling any preceding decisions." But it also emphasizes that the Supreme Court places a lot of weight on precedent. If they didn't, Mr. Scalia wouldn't have been so careful to spell out how preceding decisions were NOT at odds with the majority decision he wrote for the Heller case.
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