Yuku free message boards

Norsewulf wrote:

---

I thought I would also comment on the Heller case, which is the DC case decided by the USSC.
The ruling was 5 to 4.

All they need is a simple majority, Thack. If a case is controversial enough to make it to the Supreme Court, a ruling of 5-4 is typical.

There is no consensus and that can change over time.

According to the legal principle of stare decisis et non quieta movere, future rulings would need to follow the precedents established in previous rulings by the court, so "no", it won't change over time.

The dissents of the court were well founded and called into question the logic of the majority.

Your mention of stare decisis et non quieta movere shows an incomplete understanding of the term.

Stare decisis means that lower courts must follow the precedents set by higher courts and they cannot overturn them. The USSC has no solid obligation to do that. If there is strong reason to do so, the USSC can overturn a previous courts decision and it's happened in the past. It's also historically true that stare decisis is considered less important in constitutional decisions. The idea is to get it right, not hold to a wrongheaded decision.

When enough judges agree that the Scalia court erred in it's interpretation of the wording of the amendment, I think they will overturn it.

You're entitled to your own opinion. I don't agree with you.