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Old 09-09-2019, 06:46 AM
Hamlet is online now
Join Date: Feb 2000
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Originally Posted by Bone View Post
Yeah, I didn't take issue with our differing views on Stevens's dissent. My issue was with the characterization that the dissent is support for the claim that precedent was contradicted.
"Even if the textual and historical arguments on both sides of the issue were evenly balanced, respect for the well-settled views of all of our predecessors on this Court, and for the rule of law itself, see Mitchell v. W. T. Grant Co., 416 U. S. 600, 636 (1974) (Stewart, J., dissenting), would prevent most jurists from endorsing such a dramatic upheaval in the law.

"See Vasquez v. Hillery, 474 U. S. 254, 265, 266 (1986) (“[Stare decisis] permits society to presume that bedrock principles are founded in the law rather than in the proclivities of individuals, and thereby contributes to the integrity of our constitutional system of government, both in appearance and in fact. While stare decisis is not an inexorable command, the careful observer will discern that any detours from the straight path of stare decisis in our past have occurred for articulable reasons, and only when the Court has felt obliged ‘to bring its opinions into agreement with experience and with facts newly ascertained.’ Burnet v. Coronado Oil & Gas Co., 285 U. S. 393, 412 (1932) (Brandeis, J., dissenting)”)

"The majority cannot seriously believe that the Miller Court did not consider any relevant evidence; the majority simply does not approve of the conclusion the Miller Court reached on that evidence. Standing alone, that is insufficient reason to disregard a unanimous opinion of this Court, upon which substantial reliance has been placed by legislators and citizens for nearly 70 years."

I remain confounded as to how you conclude that Steven's dissent does not support the proposition that Heller wrongly distinguished Miller and that Heller represented "a dramatic upheaval in the law".