WILDFIRES: FUELING THE PROBLEM
January 6, 2019FAITH ISN’T SUPPOSED TO BE DOWNSTREAM OF CULTURE
January 6, 2019LOWER COURTS UNDERMINING HELLER
Interesting D.C. case, supported by amicus brief from noted 2A scholars, seeks Supreme Court review to clarify that “interest-balancing” is not the proper test for judicial review of Second Amendment cases under Heller:
"Some major lower court cases have used the Two-Part Test to treat the Second Amendment as a second-class right. They defy Heller by using a rational basis test for laws against law-abiding firearms owners and gun stores. They allow the government to prevail on thin or conclusory evidence. They apply a feeble version of heightened scrutiny that does not consider less burdensome alternatives."
If SCOTUS grants certiorari, the case would likely be heard in the fall of this year.
Interesting D.C. case, supported by amicus brief from noted 2A scholars, seeks Supreme Court review to clarify that “interest-balancing” is not the proper test for judicial review of Second Amendment cases under Heller:
“Some major lower court cases have used the Two-Part Test to treat the Second Amendment as a second-class right. They defy Heller by using a rational basis test for laws against law-abiding firearms owners and gun stores. They allow the government to prevail on thin or conclusory evidence. They apply a feeble version of heightened scrutiny that does not consider less burdensome alternatives.”
If SCOTUS grants certiorari, the case would likely be heard in the fall of this year.