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Supreme Court Refuses to Block Texas Abortion Law -- Again!


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Posted
20 minutes ago, SmashMouth said:

I hope so. 

Reading Supreme Court decisions, sometimes you think that they are leaning a certain way but have not found the right case.

The court generally rules only on the case and question(s)  in front of them at the moment. I have read decisions where the Court basically said, had you brought up with this question or argument we might have ruled differently however that question was not asked and no argument was made.  It is kind of like, you asked us to rule on this issue and that is what we are going to do.

An example on ruling on a specific case or question, in DC v. Heller they made such a decision. Heller wanted to have a loaded firearm in his home in Washington DC but city law did not allow that. You could not have an assembled a firearm even in your own home for protection. That question went in front of the Supreme Court and they ruled that, yes you could. They also ruled in Heller that the Second Amendment was about an individual right to firearms, not a state organized militia. But they left it at that. They could have made sweeping changes such as the right to carry a firearm anywhere in the United States without a permit, or a ruling that a state could demand that  you had to have a permit or license but the state had to issue if you were not a criminal, etc. 

They simply answered the questions in front of them, is the Second Amendment an individual right and could you have a firearm for protection in your own home.

I suspect from just my opinion and reading some cases, this Court might change Roe v. Wade and might make a Second Amendment ruling in an upcoming session.

 

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