from The American Heritage® Dictionary of the English Language, 4th Edition
- n. A plural of dictum.
from Wiktionary, Creative Commons Attribution/Share-Alike License
- n. Plural form of dictum.
from the GNU version of the Collaborative International Dictionary of English
- n.pl. See dictum.
from The Century Dictionary and Cyclopedia
- n. Plural of dictum.
Sorry, no etymologies found.
The court then stated in dicta that the regulation would also pass under Heller.
If the Supreme Court has addressed the issue in dicta, they might find that persuasive.
To be fair, Courts have also taken the opposite position when it suits the outcome — that dicta is NOT binding.
I imagine the statement you read about Supreme Court dicta being binding was tongue-in-cheek, talking more about how courts tend to behave with respect to certain dicta, rather than how they formally are required to behave.
Hamblen argued that the Heller Court, in dicta, got Miller wrong; and that if the law of Miller is correctly applied to his case, then his conviction cannot stand.
– For the record, dicta is still considered non-binding.
But the distinction between alternate holdings and dicta is a fine one.
Anyway, repeating this link to “The Second Amendment and Domestic Violence”, which, in comments, cites numerous Circuit Courts asserting the rule that SCOTUS dicta is treated as binding precedent.
Any circuit court that says dicta is binding rather than persuasive is confused, it seems to me.
– The Hamblen case looks more like a case of the court just being flat-out wrong than an actual rule that dicta is binding.