maestro pistolero
New member
Thanks, Bill
Its not unusual to find when overturning long established law that unintentional consequences pop up.Maybe the best thing that could happen is for this to go to the SCOTUS, and do away with Slaughterhouse once and for all.
If it weren't for Miller then Cruikshank would have been overturned in the civil rights era or before. Cruikshank should have been overturned right alongside if not instantaneously with Plessy v. Ferguson, which itself was more or less enabled by Slaughterhouse's precedent that disparate treatment of citizens is legal. It's the combination of that with Slaughterhouse that has allowed the Sullivan Law, which is a total abomination, to stand which should have been struck half a century ago.Its not unusual to find when overturning long established law that unintentional consequences pop up.
You don't start doing away with 100+ YO decisions without giving it appropriate consideration.