One Comment

  • Yick Wo v. Hopkins 118 U.S. 356 (1886) should have been dispositive of these issues.

    Unfortunately, few (even courts or Justices of the Supreme Court itself) follow what they deem to be a “bad” decision, and do what they please. These added “fences” judicially block justice in a particularly case, forcing those that follow to go through the same pioneering steps that others have blazed before them, only to find that the trails are now overgrown.

    A recent example is DC v Heller, where the US Supreme Court found that the Second Amendment secures an individual right, among other things. It was a 5-4 decision that held that DC’s blanket firearms ban was unconstitutional. Then came McDonald v Chicago. The sole issue in McDonald was whether the Second Amendment was incorporated to the states through the 14th Amendment. It should have been a 9-0 decision if based solely on the law of incorporated rights. But the Court itself, improperly divided on ideological grounds that had already been decided in Heller, rather than on legitimate arguments that non-incoprporation is proper.