Rikelman is an incredible attorney. Her presentation style is so smooth, effortlessly parrying critiques from the Justices. Really impressive. |
That makes sense. The scientific proof simply isn’t there. |
A federal law won’t work since Casey left it up to the states. |
|
They need to be careful. If they overturn stare decisis and start the slippery slope that some Constitutional rights can be abridged, you can bet that there will be new restrictions on 2A from liberal states. If SCOTUS determines that RvW can be abridged, then there is no protection for 2A any longer. As long as the right to bear arms is preserved, states can then instituted many restrictions on what types of guns, how to register guns, when and where users are allowed to carry, etc. If stare decisis no longer protects Roe or Casey, then it definitely will not protect Heller. |
Right. It's frustrating that Dems have already squandered so many opportunities where they held clear majorities to do that. |
The House already passed it, the Senate filibustered it. This year. Not the Dems fault. |
Not quite because the right to gun ownership is actually stated in the Constitution. The challenge with abortion is that it’s not specifically addressed and thus falls under a penumbra type umbrella. This is way more similar to Plessy. Bad law at the beginning and over time it has resulted in more bad law. So important to recall that the horrors of the segregated south were because that lifestyle was found constitutional by the Supreme Court. Here, the law was badly decided and should be left to the states. It Plessy taught us anything, it has taught us that just because a law has been around for 50 years, that doesn’t make it right. |
No, the current Court will protect Heller, and maybe even expand it. They'll just point to the fact that guns have their very own Amendment, but abortion doesn't. |
So impressive. |
Yup. https://www.dcurbanmom.com/jforum/posts/list/1015938.page |
Wrong. It was passed but the house in September and only because of the Texas law— all show. Has not been taken up in the Senate. Manchin and Casey will not support it and they are Democrats. Clean up your facts. |
Not really. Stare decisis doesn't mean you can't ever overturn precedent. It means you lean strongly in favor of upholding precedent unless there's a good reason not to. Dred Scott was once settled law, and it was overturned - in that case for the good. This case definitely looks very political and exposes the court as the political body it is, but it doesn't change the nature of precedent. I don't think. |
Only insofar as the Sup Ct says so. It's not enumerated. |
Plessy v Ferguson was 1896 and Brown v Board was 1954 - 58 years. SCOTUS will change its decisions from time to time. It's been 48 years since Roe.
Who, other than the usual suspects, will really get up in arms over this? I'm sensing zero proof any voters who aren't already in the tank for D's will get animated over this, or this just makes blue states bluer. Big freaking deal if Dems win CA 70-30 instead of 65-35. I care about winning MI, GA, NC, PA, and AZ. I will eat everything I'm saying if somehow SCOTUS upholds the Texas law. That's Ireland 1980 shiat right there, not to mention the ... weirdness of who has standing to sue here. People outside the yuppie bubble just aren't going to get mad or activate themselves over parental notification, 15-20 week limits, or hospital admission policies. |