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Thread: Strict scrutiny

  1. #1
    Major JosERW's Avatar
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    Default Strict scrutiny

    Was Judge "Sketchy" wrong in not applying strict scrutiny? Can somebody explain in layman's terms?
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    Corporal Rethin's Avatar
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    If you read the decision you'll see his reasoning. Its not hard to decipher. Basically there are other similar cases that use intermediate scrutiny and Judges like precedent, so he went with the flow. He also points out in Heller Scalia allows some restrictions on 2A, and the only way to allow that is with intermediate scrutiny.

    Basically the whole ruling is the judge saying again and again its not his job to decide if a law is stupid or not, just if its constitutional. And under intermediate scrutiny it pretty much is. The only exception was the 7 round limit because Heller makes 2a absolute in the home.

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    General Dr. Evil's Avatar
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    So now we can add "Sketchy" to "Stumpy". (Or "Stompy", I forgot already)
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    Quote Originally Posted by Dr. Evil View Post
    So now we can add "Sketchy" to "Stumpy". (Or "Stompy", I forgot already)
    Please Dr Evil, this thread is NOT about the 7 dwarfs

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    Major JosERW's Avatar
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    Is he allowed to apply intermediate scrutiny to a case involving a constitutional right?
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    Corporal mreaston's Avatar
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    Quote Originally Posted by JosERW View Post
    Is he allowed to apply intermediate scrutiny to a case involving a constitutional right?
    He can and must apply intermediate scrutiny, as that is the precedential standard of review set by the 2nd Circuit.

    That is not to say that the 2nd Circuit's standard is actually intermediate scrutiny (though it claims to be), nor that the NYSRPA suit could not withstand true intermediate scrutiny from a different judge or Circuit.
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    I'm not a lawyer, but it boggles my mind that a fundamental right listed in the Bill of Rights can be analyzed using anything less than strict scrutiny.

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    Corporal Rethin's Avatar
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    Quote Originally Posted by bjb4242 View Post
    I'm not a lawyer, but it boggles my mind that a fundamental right listed in the Bill of Rights can be analyzed using anything less than strict scrutiny.
    Read the ruling. The judge clearly explains how and why different levels of scrutiny apply to all the enumerated rights.

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    Quote Originally Posted by Rethin View Post
    Read the ruling. The judge clearly explains how and why different levels of scrutiny apply to all the enumerated rights.
    Like I said I'm not a lawyer. I'm an engineer and am inclined to see things in a more black or white way. I'm still surprised that a fundamental right seems to actually be not so fundamental after all in the eyes of the courts.

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    Not so Super Moderator Chicken Shoot's Avatar
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    Quote Originally Posted by Dr. Evil View Post
    So now we can add "Sketchy" to "Stumpy". (Or "Stompy", I forgot already)
    Quote Originally Posted by eagleridge357 View Post
    Please Dr Evil, this thread is NOT about the 7 dwarfs
    ... but I've seen Snow White in Gunner's bar ..... WOW!!! She's hot!!!


    Now pertaining to this thread, the judge is incompetent ... end of conversation. There's no way that inhibiting interstate commerce is legal!! No way at all.
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    Intermediate scrutiny is the norm for the same reason Scalia demurred in Heller and kept it to possession in the home... because they know the implications of practicing strict scrutiny with rights, and they are afraid of the logical conclusion (or in the case of Scalia, he realized he needed 4 other Justices, so he came up with a somewhat ridiculous bout of logic to avoid going further than they were willing to go)

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    General Shooter's Avatar
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    Quote Originally Posted by Rethin View Post
    Read the ruling. The judge clearly explains how and why different levels of scrutiny apply to all the enumerated rights.
    He does not do so correctly.
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    Corporal Rethin's Avatar
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    Quote Originally Posted by Shooter View Post
    He does not do so correctly.
    What mistake does he make?

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    Quote Originally Posted by Shooter View Post
    He does not do so correctly.
    Please explain.
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    From another post;

    *It is obvious the court did not follow the Supreme Court's standard, which is mandatory, not discretionary. For those of you who think the SCOTUS has no interest in touching this I posit to you that the Supremes do not like it when their decisions are disobeyed by lower courts that are obligated to follow the precedent set down by the highest court in the land.*
    RPD 46

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    Corporal Rethin's Avatar
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    Quote Originally Posted by Carabiner View Post
    From another post;

    *It is obvious the court did not follow the Supreme Court's standard, which is mandatory, not discretionary. For those of you who think the SCOTUS has no interest in touching this I posit to you that the Supremes do not like it when their decisions are disobeyed by lower courts that are obligated to follow the precedent set down by the highest court in the land.*
    The supreme court in the Heller decision did not specify which level of scrutiny to apply. The judge in the NYSRPA case followed precedence in applying intermediate scrutiny. SCOTUS has had several chances to clarify the issue and has punted every time so far.
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