Post by: wolfbait on February 06, 2023, 06:52:15 PM
Post by: Knocker of rocks on February 06, 2023, 06:57:59 PM
Post by: Iveexcaped3 on February 06, 2023, 08:38:30 PM
Post by: pianoman9701 on February 07, 2023, 08:41:41 AM
Post by: salmosalar on February 07, 2023, 09:37:59 AM
There are going to be a lot more rulings like this one and rulings where a judge views the "text history and tradition" far differently. Lower courts are going to struggle with the test in my opinion. The original bill of rights and constitution was all a compromise. Because of that determining "text history and tradition" is a subjective thing. Joining that subjective/ historic portion with amendments like the 14th is pretty darned tricky. Buckle up, the Bruin ruling is going to make for a lot of inconsistent rulings from lower courts.
The question will then come as to whether the other portions of the bill of rights are subject to the "text history and tradition" test. They (SCOTUS) utilize this line of thinking in the Dobb's case as well. The historical precedent cited in that case clearly limited unenumerated rights such that American's have come to know as basic rights. It is expected that those rights such as certain privacy and marriage rights will be overturned using the same reasoning.
This will be fascinating to see.