Quote:
Originally Posted by detbuch
I am not overly optimistic that any SCOTUS decision is written in stone, including Heller and Mcdonald. Those were 5 to 4 decisions as are so many nowadays. A matter of one vote can affirm or reverse decisions.
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But what is left to reverse in
Heller?
Both dissents rely on twisted logic and hiding from sight many fundamental tenets of the Constitution that the Court has settled long ago and are not open to revisiting.
Both dissents agree that the right secured by the 2nd is an individual right, possessed and enforceable by individuals but they each embrace a "militia conditioned individual right" model. This theory is just the latest in a series of endless step backs from more restrictive interpretive mutations. As each previous layer is torn away and discarded the anti-individual right side just embraces a
new restrictive model and present it as the original meaning of the 2nd Amendment. Typical shape-shifting leftists that we are forced to endure . . .
The original, "militia right" and "state's right" interpretations inserted in the federal courts in 1942 which only served to
completely extinguish the individual right interpretation,
are dead; there is no going back to them. The flesh has been flayed off those theories to the point where now just a couple bones (the "militia conditioned individual right) are being rattled and shaken by the leftist Witch Doctors to try to scare away the the "
individual right to possess a firearm unconnected with service in a militia" interpretation. Well, it isn't going to work.
Breyer's and Stevens' dissents, like most treatises advocating for a restrictive interpretation, focus on what the 2nd Amendment isn't and what it doesn't do . . . Rare indeed is any explanation of what the 2nd does under their interpretation and how it has functioned with that action in the courts. Of course there is no such record to cite; theirs is just a grand thought experiment that can't withstand scrutiny.
This theory that the dissents are arguing is just the very last straw to grasp before the entire anti-individual right camp is discarded into the "flat-earth" bin . . .