The 2nd Amendment
Bad law is always trashed
By Rinaldo S. Brutoco
The following Perspectives column was published in the July 14, 2022 (online and printed) edition of the Montecito Journal as well as on the World Business Academy website.
Let’s get something straight: just because the Supreme Court comes up with a clearly wrong opinion doesn’t mean it is correct, or that it won’t be eventually thrown out as bad jurisprudence.
Here’s a notorious example: The Supreme Court led by Justice Roger B. Taney (who, until John Roberts, was viewed as the worst Chief Justice in US history) issued the Dred Scott v. Sanford decision in 1857. After Dred Scott (a free black man) was improperly captured, the court ruled that the Constitution did not include any rights of citizenship for black citizens. It was universally credited for triggering the outbreak of the Civil War just four years later.