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Originally Posted by Glenn E. Meyer
This is an old discussion for us. I'll say the same thing.
I'll disagree on this :
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No matter how an individual Supreme Court justice may feel about the issue at hand, they simply can't allow lower courts to pervert Supreme Court decisions like this. Not if the word "Supreme" is going to mean anything.
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I think, from reading some scholarly books on SCOTUS decisions, that currently they decide based on their politics first. The high toned legal blather isn't what drives them. |
I see your point and share your concern, but when the Massachusetts Supreme Court tried to use the hoary old "the Second Amendment only covers muzzleloaders" argument in Caetano v. Massachusetts, despite a crystal clear refutation of that argument in
Heller, SCOTUS issued a
per curiam opinion sending it back for reconsideration. So based on what they did in that case, I still think there's a good chance they'll do the same thing here.