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View Diary: Lindsey Graham (Dipshit-SC) is a Threat to the Rule of Law (198 comments)

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  •  I'm not one to assume infalibility of the SCOTUS. (1+ / 0-)
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    For instance, the Dred Scott decision sucked, and Tawney was an avowed racist.  Plessy vs Ferguson sucked too.

    I just read excerpts of the original public safety exception case, the majority opinion written by Renquist and dissent written by Marshal, and find Marshal's dissent more compelling (not that I would argue that the majority opinion is necessarily beyond the constitution, but Marshal's dissent definitely is within the constitution).

    But that decision was in 1984, so the public safety exception is nearly 30 years old, and is well established.  I suppose a lawyer can challenge it and try to get the SCOTUS to rule on it again.  Who knows, maybe they'll reverse the original decision and thus declare a mistrial.  That's a risk the prosecution takes when using public safety exception.

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