Downside to Heller - Page 2
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Thread: Downside to Heller

  1. #11
    The DC Police Chief responds to Supreme Court Ruling.
    I carry a gun because I can't carry a cop!
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  3. #12
    Join Date
    Sep 2007
    Battle Creek Mi
    Let us not forget that we squeaked by with a 5/4 decision, and that could change in the next election cycle. That and 4 of the justice's voted opinion and not law nothing new in that announcement.

  4. #13
    One of the most important parts of the decision has gone almost un-noticed by most. In fact, many have stated that the issue of scrutiny was not addressed. However, it was - and in a most creative way:

    Many current gun-control laws are likely to pass constitutional muster under the Heller doctrines, though further challenges to specific laws are likely. Roger Pilon, vice president for constitutional studies at the libertarian Cato Institute, pointed out to us that Justice Scalia's opinion included the stipulation that, in such cases, courts should not apply "rational basis," the lowest level of scrutiny, to such laws, since the right to keep and bear arms is a fundamental enumerated constitutional right, requiring strict scrutiny when a legislative body seeks to limit it.

    "The core issue of "judicial scrutiny" is now established -- better than we had dreamed -- in what will be known as Famous Footnote #27 (p56). Laws impinging on the Second Amendment can receive no lower level of review than any other "specific enumerated right" such as free speech, the guarantee against double jeopardy or the right to counsel (the Court's list of examples).

    This is a tremendous win, and overlooked in all initial reviews I've seen. Attorney Mike Anthony was the first to spot it, way to go Mike. "Strict scrutiny," which many folks sought, is a term without formal definition that could prove problematic. I was hoping for a test of some sort and got more than I hoped for. By recognizing 2A as a "specific enumerated right" the majority ties 2A to the rigid standards and precedents of our most cherished rights. That's as strong as there is. Very clever indeed."

    Despite the critics, it appears that we have gained much more than many realize.

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