Originally Posted by Kukuforguns
I suggest that the Court is unlikely to reverse itself. Before a liberal majority would reverse Heller/McDonald they would have to be very sure that there would never again be a conservative majority, because a conservative majority could reverse Roe v. Wade.
A conservative majority could
reverse Roe v Wade
, but to do so would mean they would be ignoring stare decisis
, which is a conservative
construct (meaning that it minimizes change). And while conservatism has changed its nature over time, it still has some elements of traditional conservatism (reluctance to change).
A liberal majority would be a majority composed of people who believe that the Constitution means what they
want it to mean. Stare decisis
would be used by such people only to bolster their arguments to uphold and reinforce decisions they agree with. Said majority would almost certainly realize that a conservative majority would be more inclined to follow stare decisis
than they would, and so would probably be relatively unconcerned about the possibility of Roe v Wade
That being said, the scope of the RKBA is largely unresolved. A liberal majority could neuter the RKBA without ever reversing Heller/McDonald.
That depends partly on how much Supreme Court jurisprudence is built up before they gain control. If the liberal majority is inclined to ignore stare decisis
for the decisions in question, then it could neuter RKBA entirely, including reversing Heller
. But absent such an inclination, the degree of neutering would depend on how much of the right has already been spelled out by the Court previously.