A USSC divided evenly between pro and anti Constitutionalists leaves an ocean wide hole for effective repeal of the 2nd Amendment, at least within certain judicial circuits. How did the Republic come to this pass wherein nine or fewer judges ARE the Constitution of the United States?
Coming from you, that was without doubt a rhetorical question to which you know the answer.
But I'll bite anyway and blame the 17th Amendment.
“How did the Republic come to this pass wherein nine or fewer judges ARE the Constitution of the United States?”
It is particularly bad since only two (Alito and Thomas) come close to interpreting the Constitution based on original intent and the wording in the document. The rest believe in the “living” Constitution.