Jury verdicts

The actual decision or just the syllabus is worth reading - RAMOS v. LOUISIANA. There's much, much more going on here than just whether jury verdicts in felony cases need to be unanimous.

The justices are fighting an internal war over precedent. Thomas never respected stare decisis and some of the 'conservative' justices seem to lean that way. "Stare Decisis Is For Suckers" seems to be all the talk in court-watching circles. A decision is pending in June Medical Services, a Louisiana abortion case that is nearly a note-for-note replay of Whole Women's Health which the court decided only four years ago. It would be unprecedented (irony not intentional) for the court to reverse itself so quickly on such a major issue and it's hard to see why they would take this case if not to reverse the prior case.

No doubt that REALLY bad opinions such as Dred Scott and Plessy need to be reversed. But, if the court dramatically lowers the bar on precedent, then everything is up for grabs. I think Ramos is the preview of this fight. It is also really dangerous. The desire on the left to overturn Heller is just as strong, if not more so, than the desire of the right to reverse Roe. The Democrats are finally getting serious about judicial nominations. It is quite conceivable that in our lifetime we'll again have a liberal court open to reversing Heller. What's happened to Roe v. Wade over the last forty years will happen to Heller......
 
Back
Top Bottom