Minor Thoughts from me to you

Fact Checking the Supreme Court

Apparently, Justices no longer have to fact check their Supreme Court opinions or dissents. Justice Stevens' dissent had two rather major errors:

Comment on to previous post points out at p.2 of the Stevens dissent he refers to NFA and US v. Miller: "Upholding a conviction under that Act, this Court held that..."

Same mistake the 9th Circus made years ago and had to issue a new opinion, since Miller was never convicted -- commentators noted this was pretty suggestive the court hadn't bothered to read Miller before citing it. First thing you look for in reading a case is what happened below, and what the Court do to that. Very first thing.

I'd add that at 41 he refers to:

"In 1901 the President revitalized the militia by creating the 'National Guard of the several States,' Perpich 496 U.S. at 341 and nn. 9-10."

Reading that part of Perpich v. Dodd: It says in 1901 President Roosevelt called for reforming the militia. He didn't create the National Guard (where would he have had the authority?)

How much should I trust the rest of his dissent?

This entry was tagged. U.S. Constitution