[mpyne]

> The problem comes about when someone wishes to rule out the idea that the SC can make faulty judgments by construction

I think you're talking past each other.

Obviously the Supreme Court can get decisions wrong (not just "the context was different then" but actually wrong; e.g. Dred Scott).

But the point is that for the purposes of the government and of the law there is no higher arbiter than the Supreme Court so if they get a Constitutional interpretation "wrong" in your humble opinion then it still won't matter that you or anyone else disagrees; in the interim the government and the courts will use the new precedent.

Saying in essence that "other people can have their own opinions about the Constitutionality of a Supreme Court decision is tautologically true; how can it add to a discussion? You might as well mention that water is wet. For that reason it's easy for other people viewing that comment to believe you meant something else entirely...