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View Diary: SCOTUS declines to review Georgia gun law (187 comments)

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  •  I think the gun folks are aiming at the (2+ / 0-)
    Recommended by:
    DefendOurConstitution, Smoh

    "strict construction" argument for guns. THAT seems to be what they are really after because, as I have read, they then believe the various arguments are increasingly downhill for them.

    I recently read another CC case where the court refused the strict construction argument.

    202-224-3121 to Congress in D.C. USE it! You can tell how big a person is by what it takes to discourage them. "We're not perfect, but they're nuts."--Barney Frank 01/02/2012

    by cany on Mon Jan 07, 2013 at 06:16:58 PM PST

    •  "Strict scrutiny" is probably the phrase (2+ / 0-)
      Recommended by:
      cany, fuzzyguy

      you're looking for.

      And yes, that is the goal. What I think is likely is a hybrid scrutiny model, much like applies to the speech clause of the 1st Amendment, where speech that is part of the "core" of the right, IE, political speech, gets the most stringent protection, and speech that is further away, IE commercial speech, gets a slightly lower standard of review.

      The 7th Circuit's ruling in Ezell is pretty likely to be the model. Strict scrutiny for the fundamental right to keep and bear arms for self defense, intermediate scrutiny for other lawful purposes like hunting, no protection for unlawful uses.

      Rational basis and interest-balancing review are expliticly ruled out by Heller, and this is backed up by McDonald's  holding that the 2nd Amendment right is fundamental. There's a ton of precedent that says that laws impinging fundamental rights get enhanced scrutin from the Courts. Advocates for gun control laws will have to take that into account when evaluating the constitutionality of their preferred policies.


      "It is better to die on your feet than to live on your knees." -- Emiliano Zapata Salazar
      "Dissent is patriotic. Blind obedience is treason." --me

      by Leftie Gunner on Mon Jan 07, 2013 at 07:46:49 PM PST

      [ Parent ]

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