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And by your logic, once a SCOTUS decision is made it can never be revisited. Every 2A decision is interpreting the same, unchanged text. So any decision that g
by jaywalk 4y ago
And by your logic, once a SCOTUS decision is made it can never be revisited.
Every 2A decision is interpreting the same, unchanged text. So any decision that goes against a previous one by definition means they believe the previous decision was incorrect. The fact that it was interpreted as a collective right before Heller doesn't mean that it was a collective right. It's just how the court (incorrectly) chose to interpret it in the past.
- redeux 4y ago>And by your logic, once a SCOTUS decision is made it can never be revisited. I never implied any such thing. In fact, I'm arguing that the exact opposite, using DC v. Heller as an example of how SCOTUS can reinterpret a foundational right despite hundreds of years of precedent to the opposite. That speech with implicit violence should be ruled as unprotected speech in spite of hundreds of years of precedent to the opposite.