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11/20/2019 5:07:11 PM
Posted: 10/29/2013 2:37:57 PM EST

http://www.dailykos.com/story/2013/10/28/1250584/-60-Cases-and-Counting-What-Gun-Case-Will-SCOTUS-Take-Next#


THE CASES THAT DIDN'T MAKE THE CUT. Justices Scalia in Heller and Alito in McDonald took pains to underscore that there would be ample room for reasonable gun regulation under the majority's view of the Second Amendment. So perhaps it should come as no surprise - in the words of the Law Center to Prevent Gun Violence - that "the vast majority of this [ensuing] litigation has been unsuccessful because most, if not all, federal, state and local firearms laws easily satisfy the Supreme Court's holdings." For example:
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Link Posted: 10/29/2013 2:44:05 PM EST
[Last Edit: 10/29/2013 2:45:01 PM EST by FrankDrebin]
None. We thought we got great victories in Heller and McDonald, but there has been very little recognition of our rights from the lower courts. SCOTUS has proven they won't confront the wrongly decided lower court cases.
Link Posted: 10/29/2013 2:52:59 PM EST
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Originally Posted By FrankDrebin:
None. We thought we got great victories in Heller and McDonald, but there has been very little recognition of our rights from the lower courts. SCOTUS has proven they won't confront the wrongly decided lower court cases.
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I understand this- as of now leftist liberal strongholds are so fucking stupid/crazy I doubt the court could sort them out if they activated the national guard. We're at the breaking point- the leftists aren't going to obey the law, only rule where they may.







Link Posted: 10/29/2013 2:54:29 PM EST
They need a case that Kennedy will rule on the side of strict scrutiny. That's a pretty tall order.
Link Posted: 10/29/2013 3:28:34 PM EST
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Originally Posted By ceverett:
They need a case that Kennedy will rule on the side of strict scrutiny. That's a pretty tall order.
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Getting that case might be tough, but I disagree it is what we need. Most federal courts seem to be
adopting a level of scrutiny that is at least intermediate, but tends to shift towards strict when the
law amounts to a per se ban on weapons useful for defending the home. Another decision reinforcing
this test would be a large victory. Forcing the federal and state governments to meet even an
intermediate level of scrutiny would likely cause many existing laws to fail, including some very old
and well established laws. I don't see any way the court rejects this developing standard outright
while demanding a rational basis test. For that to occur, Heller and McDonald would essentially have to
be overruled. In exchange, we hopefully get clear guidance to lower courts that some sort of elevated
scrutiny is required.

I don't see Kennedy as necessarily hostile to such a case given his previous decisions.


Link Posted: 10/29/2013 3:35:45 PM EST
Fuck, most of the lower courts are applying "rational basis" and calling it intermediate scrutiny or claiming the "core right protected" (the right to keep a .22LR revolver in your home subject to $700 worth of licensing and registration) isn't affected and so rational basis applies.

Judge Posner on the 7th Circuit is the only one paying SCOTUS any attention - and I don't think it is because he agrees with Heller. If they started actually applying intermediate scrutiny with no balancing tests, I'd be overjoyed.
Link Posted: 10/29/2013 3:48:49 PM EST
where the hell is Heller vs DC 2, it seems like it was filed almost immediately after the verdict of the first case came out.
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