Saturday, March 18, 2017

+112

Although I haven't read the opinion of this court in reversing the Massachusetts stun gun restriction, I think that the writer HERE did not get it right. The effect of the Second Amendment on this court sounds like that scene from Star Wars where somebody kicks and gasps for air because of being lifted from his neck although you cant see how the other guy is doing that to him. However, its granting or not granting related cases may have much less to do with seeing or not seeing the actions of the other courts as a "slap in the face". While this court is taking time reviewing itself on the Second Amendment it may pause from applying its established rulings leaving the stage for lower courts to step in to fill the gap and do what they think their duty calls on them to do. But this pause by this court probably comes from the morality issue of the probability of its being wrong there and not just the probability of being wrong in itself. So when it sees that the continuity of its ruling is what is more on the moral side then it may use the path of continuity in applying its already established precedent until it gets changed. The same probability of being wrong that may have caused the court not to grant other Second Amendment cases until it decides on a position, could also be the reason to grant this case to reverse what was seen as an imbalanced position toward stun guns until that decision.  
By the way, how often does it happen that minority dissenting judges would continue those same dissents later on applying the ruling they had dissented its making for this writer to be wondering about its absence here? 

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