Quote:
Originally Posted by wdmso
So are you implying the court 41 years ago had no understanding of the Constitution and we're legislating from the bench
No. It knew well how and why the Constitution was originally written. It's majority disagreed with that. So, rather than being true to their duty as judges, they put on the hats of Congress and legislated their opinion with a ruling from the bench.
and let stand a Un constitutional ruling stand for 40 years ... that had be litigated mutiple time's over those years....
This is the second time this case was adjudicated by SCOTUS. The first time, because of Scalia's death, it was a 4 to 4 decision. So the law stood as is. This time it was 5 to 4 because the "Conservatives" outnumbered the Progressives.
But 2018 new info came to light and changed their minds
Ya OK
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No. It was not new info. It was the original Constitution that came into light regarding this issue.. It had been covered for 40 years by the darkness of Progressive legislation from the bench. The Court does not instigate trials on its own. Constitutional challenges have to be brought to the Court by those who have standing to do so.