I'm going off topic here, but wanted to broaden my understanding.Charles L. Cotton wrote:The SCOTUS decides what is the "supreme law of the land" and it has stated in dicta that license requirements are constitutional.hillfighter wrote:I won 't be a criminal. The supreme law of the land is clear.
That said, stop violating Rule 4.
Chas.
Since the statement was in dicta, doesn't that mean that no precedent has been set? As it stands right now, it just kind of warns lawyers on our side that if the court who issued the decision were forced to rule on the constitutionality of restrictive license requirements that they would (depending on the exact facts of the case) tend to rule in favor of restrictions on licensing being constitutional? In other words, with SCOTUS not issuing a ruling within the facts of a previous case on the constitutionality, a case that comes before a future SCOTUS (PLEASE let Trump replace Ginsburg, or even Kennedy) would not necessarily give weight to the dicta opinion.
I'm honestly trying to learn more about the way that the judicial side operates and what is and is not binding (precedent)