I have a question for you guys:
In Heller, supra, we had four Justices who said the 2nd Amendment only applies to individuals connected with a militia.
The majority ruled, however, that the 2nd Amendment applied to individuals not connected with a militia also.
So, the not connected with a militia is now the law of the land.
In the incorporation case now before the SCOTUS do all the Justices have to move forward with their analysis and accept the fact that the 2nd Amendment now applies to individuals not connected with a militia?
I mean, don't the remaining three minority opinion Justices (Souter now retired) have to accept the majority's decision and make their judgment on incorporation within the boundaries of Heller?
I'm unaware of any cases where this has occurred with the same Justices on the Court (Souter retired though). Maybe there are some cases that were decided under similar circumstances?
It would seem to me that the three dissenting Justices who went against Heller would have to respect the holding in Heller as much as I would have to? Am I wrong?
ETA: If you guys don't mind, I'm going to ask this same question at the various gunsites I'm a member of.
In Heller, supra, we had four Justices who said the 2nd Amendment only applies to individuals connected with a militia.
The majority ruled, however, that the 2nd Amendment applied to individuals not connected with a militia also.
So, the not connected with a militia is now the law of the land.
In the incorporation case now before the SCOTUS do all the Justices have to move forward with their analysis and accept the fact that the 2nd Amendment now applies to individuals not connected with a militia?
I mean, don't the remaining three minority opinion Justices (Souter now retired) have to accept the majority's decision and make their judgment on incorporation within the boundaries of Heller?
I'm unaware of any cases where this has occurred with the same Justices on the Court (Souter retired though). Maybe there are some cases that were decided under similar circumstances?
It would seem to me that the three dissenting Justices who went against Heller would have to respect the holding in Heller as much as I would have to? Am I wrong?
ETA: If you guys don't mind, I'm going to ask this same question at the various gunsites I'm a member of.