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Old 04-05-2013, 8:58 AM
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Originally Posted by kcbrown View Post
Sotomayor said so in her confirmation hearings before McDonald was heard. Despite her claim that Heller was established law, she contradicted herself by siding against McDonald. That should make it plain to you that "justices" such as herself will ignore stare decisis if doing so allows them to achieve the outcome they desire.
It was a tongue-in-cheek comment as far as Sotomayor goes.

Still, our judicial system operates pretty well once the legal questions are settled and everybody gets on the same page. The lower courts' reluctance to rule in our favor is much more a reflection of the incomplete 2A framework than their desire to rewrite the law from the bottom up. After all, these are low level bureaucrats and innovation is to them a foreign concept.
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