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by dlh
Wed Jan 23, 2019 8:57 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Supreme Court to take up NY gun rights case
Replies: 16
Views: 3902

Re: Supreme Court to take up NY gun rights case

My concern is what test the Supreme Court will devise to determine whether a particular statute or code violates the Second Amendment.

Unlike the First Amendment, the Second Amendment has very little case-law on it. Will the court use the rational basis test, the intermediate scrutiny test, or the strict scrutiny test? Recall the court did not commit itself to a particular test in the Heller case--basically saying that law violated all the tests.

Kavanaugh and Thomas prefer the strict scrutiny test. If you are a gun-rights proponent you want that test too. The anti-gunners want the court to adopt the "rational basis" test which is much less restrictive in its scope.

So, though the facts of the NY case might be somewhat restrictive nevertheless the test the court decides to use could be huge for Second Amendment jurisprudence.

I need to read the cert briefs to see what we might be looking at.

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