Smote wrote:
without stare decisis it all falls apart into a steaming pile of poo, and devolves into chaos.
…which is exactly,
exactly why this SCOTUS is so problematic; they overturn and/or rewrite long precedent at the drop of a hat.
And it’s not just 2A cases (although those are up there with the worst). They’ve completely rewritten campaign finance laws and 501c3 corporations, for instance. Those were originally set up as completely non-political non-profits. But then “non-political” became
51% of spending/activity is non-political. Now it means almost nothing at all. There was a
reason that the IRS took a closer look at new 501c3’s that had clearly political names, like
Tea Party blah-blah-blah. And the Right howled that the IRS had been weaponized against them (!) So now, basically anything goes.
Citizen’s United rewrote campaign contributions; That decision upended long precedent and blithely maintained that unlimited dark money contributions will not lead to corruption, nor cannot even lead to the
appearance of corruption. That’s a “black is white and up is down” decision that ranks right up there with the much earlier “corporations are people and have all the rights of citizens” (but conveniently, can’t be imprisoned for crimes).
The Voting Rights Act. Roe v Wade. 50-60 years of precedent overturned at a whim. I could go on.
Between this, and things like Justices being bought undisclosed luxury RVs and buying houses for their mothers, there should be no wonder that trust in the Supremes are in the tank.
So your newfound insistence on stare decisis rings a little hollow. They’re playing
purely political Calvinball, and have been for a decade or more now.