"And even if there were some merit to the legal arguments advanced in the Heller case, all could foresee the negative consequences of the decision, which should have provided my colleagues with the justification needed to apply stare decisis to Miller. At a minimum, it should have given them greater pause before announcing such a radical change in the law that would greatly tie the hands of state and national lawmakers endeavoring to find solutions to the gun problem in America. Their twin failure—first, the misreading of the intended meaning of the Second Amendment, and second, the failure to respect settled precedent—represents the worst self-inflicted wound in the Court's history.
"It also represents my greatest disappointment as a member of the Court."
The Atlantic runs an excerpt from John Paul Stevens's The Making of a Justice: Reflections on My First 94 Years.
Tuesday, May 14, 2019
"Unquestionably the Most Clearly Incorrect Decision That the Supreme Court Announced During My Tenure on the Bench"
Labels:
crime,
eighteenth century,
law,
legal history,
Supreme Court,
twenty-first century
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