“IOW, the 9th Circus can do whatever “fundamental transformation†they want, and there will be no SCOTUS to overturn them. Right now.”
But it would not be considered a Supreme Court precedent meaning other courts outside the 9th District would not be bound by the decision.
Do you agree with this assessment - that if the 9th Circus ruled to “fundamentally transform” the US and SCOTUS couldn’t overturn the decision because there are at best only 4 votes to oppose the 4 liberal justices’ votes, the SCOTUS failure to overturn the decision would not be a SCOTUS precedent and thus only the 9th Circus would cease to live under the 2nd Amendment (for instance)?