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Old 09-09-2019, 02:12 PM
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Originally Posted by Bone View Post
"Overturned" was a poor word choice on my part. The operative phrase was "contrary to precedent" which is the line of discussion that I took issue with. In that sense, I'm not seeing much of a distinction, but I would continue to say that nothing in Heller was contrary to precedent as you asserted in post #252. Heller did carve new ground and made certain things more explicit of course.
Recognizing a right that, according to precedent, had not been recognized before, is, to my mind, "contrary to precedent". You are free to think otherwise.

Heck, I think there is certainly a right to self defense, although it is not enumerated in the Bill of Rights. I also think there is an individual right to keep and bear arms. But that should not be the end of the inquiry, just the beginning. But it's pretty clear that Heller changed the state of the law which, until it was decided, had pretty firmly been established.