Respond to my above analysis of how we can win then.
I would LOVE if originalism is powerful enough to act as Scalia's protector, his ghost, his savior of the 2nd. But originalism could still likely be squished to support gun banners.
Further, judicial philosophy is not stronger than the president and congress that confirm SCOTUS, or even appellate judges. I haven't heard of vast swathes of lawyers boycotting being appointed to positions because they disagree- maybe the closest thing is AGs refusing to argue for gay marriage bans.
Fact is, the numbers are against us. We had literally the best court we could reasonably hope for and they managed to get 2 good cases for us. That's it. The rest of SCOTUS history before 2008 and after 2010 is a big dud.
And again, look at the ways we LOSE (virtually all) and the way we win (one very, very narrow path where everything has to go right). We're at a structural strategic disadvantage, and while we should use all our effort in that way until the 2016 election, we need to seriously have backup plans because the modern conservative court era is done unless everything goes exactly right. Maybe justices will cite nunn or english common law, but results wise it will be almost identical if not identical in deleterious rulings/effects.
I would LOVE if originalism is powerful enough to act as Scalia's protector, his ghost, his savior of the 2nd. But originalism could still likely be squished to support gun banners.
Further, judicial philosophy is not stronger than the president and congress that confirm SCOTUS, or even appellate judges. I haven't heard of vast swathes of lawyers boycotting being appointed to positions because they disagree- maybe the closest thing is AGs refusing to argue for gay marriage bans.
Fact is, the numbers are against us. We had literally the best court we could reasonably hope for and they managed to get 2 good cases for us. That's it. The rest of SCOTUS history before 2008 and after 2010 is a big dud.
And again, look at the ways we LOSE (virtually all) and the way we win (one very, very narrow path where everything has to go right). We're at a structural strategic disadvantage, and while we should use all our effort in that way until the 2016 election, we need to seriously have backup plans because the modern conservative court era is done unless everything goes exactly right. Maybe justices will cite nunn or english common law, but results wise it will be almost identical if not identical in deleterious rulings/effects.
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