What is the effect of the dissent in the US Supreme Court on whether a judge has the authority to rule on a matter of law in a criminal case?

The dissent also relied on several cases (see id., at pp. 1330-1333) which purportedly "illustrate the established principle that a judge has the right to rule on a matter of law in a criminal case, even if that matter of law concerns an element of the offense." (Id., at p. 1334.) With all due respect, these cases involve, for the most part, the issue of whether the evidence was sufficient to establish that a "security" was involved. Only one--United States v. Fishbein (see ante, fn. 15)--involved an instruction resolving the issue for the jury.