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Old October 27, 2020, 06:15 PM   #106
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Join Date: October 22, 2016
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Originally Posted by 44 AMP View Post
I can't know, and so won't speculate on the interaction between the personalities on the court.

I think that the "presumptively legal" and the "ducking of other issues" is a long established SCOTUS procedure.

The court is ruling ONLY on the case before them, nothing else, and other issues, though related, if not in the case before them, are not being ruled on, and therefore "presumptively legal" UNTIL they are specifically ruled on (which requires a different case be brought before the court with those psecific other issues in it.

its literally the courts way of saying "we're not ruling on that, today, and until we do, existing laws stand" The fact that other people take that to mean something other than the court meant, AND the court does not correct them is another matter.

I think we would all have been better off if the court had simply left that language out of the ruling entirely, what's done tis done...
We can't really know if leaving that language out would have led to a loss on Heller tho. I mean, with hindsight, would we have wanted SCOTUS to rule that the 2nd Amendment is NOT an individual right?

Yes, it's an individual right, it's always been, if it were not... I don't want to think of the results of that.

What was done in Heller had to be done IMO. We'll fix the other things over the next few decades and we'll get a lot more of what we want and less of what we don't want thanks to Heller, McDonald, and apparently Caetano now as that ruling in the 9th Circuit WRT magazine capacities cited Caetano.

It's not going to be a nuclear explosion that undoes the damage that has been done to 2A since 1934, it's going to be strategically placed bricks of C4 that go off over a period of time that topples the tower of terror crushing us under its tyranny.
"We always think there's gonna be more time... then it runs out."
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