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Old 05-08-2019, 07:52 PM
Ravenman is offline
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Join Date: Jan 2003
Location: Washington, DC
Posts: 26,269
Originally Posted by Bijou Drains View Post
The SCOTUS certainly can decide a case that reverses a previous decision. For example they once said it was OK to outlaw gay sex but then they ruled it was not OK. And of course later ruled that gay marriage cannot be prevented by a state.
Sure -- but I would suggest that posters should pick a horse and ride it. If they want to define "constitutionality" as the state of the law as informed by case law, then that's perfectly fair. If they want to define "constitutionality" as their own opinion of the Constitution while criticizing the case law as being inconsistent with their reading, I can see that in some circumstances.

But to arbitrarily decide that one's self can abide by the second definition while criticizing others for holding the first (or vice versa) sis not arguing in good faith in debates that touch on the law.

Last edited by Ravenman; 05-08-2019 at 07:52 PM.