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Old 09-08-2019, 05:16 PM
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Originally Posted by Hamlet View Post
Again, as Stevens pointed out: "Since our decision in Miller, hundreds of judges have relied on the view of the Amendment we endorsed there;2 we ourselves affirmed it in 1980. See Lewis v. United States, 445 U. S. 55 , n. 8 (1980).3 " Simply saying it isn't precedent doesn't make it true.
Do you think the dissent carries any weight as a matter of law? It doesn't. Stevens could have declared anything he wished in his dissent (joined by 3 others), but it wouldnt matter one bit. The controlling legal authority determined that the Heller opinion was consistent with Miller, not contrary to it.

To be clear, do you think Heller overturned or went against Miller precedent in any way?