Close

Results 1 to 16 of 16
Like Tree6Likes
  • 1 Post By mreaston
  • 4 Post By Shooter
  • 1 Post By Rethin

Thread: Strict scrutiny

  1. #1
    Major JosERW's Avatar
    Join Date
    Apr 2013
    Location
    Nassau County
    Posts
    1,730

    Default Strict scrutiny

    Was Judge "Sketchy" wrong in not applying strict scrutiny? Can somebody explain in layman's terms?
    * NRA ENDOWMENT LIFE * GOA LIFE * SAF LIFE * NYSRPA * SCOPE LIFE *

    This law is dumb.

  2. #2
    Corporal Rethin's Avatar
    Join Date
    Jan 2012
    Location
    Otsego
    Posts
    187

    Default

    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.

  3. #3
    General Dr. Evil's Avatar
    Join Date
    May 2011
    Location
    Ulster
    Posts
    10,643

    Default

    So now we can add "Sketchy" to "Stumpy". (Or "Stompy", I forgot already)
    Long Live NY Extremists FUAC

  4. #4
    Major
    Join Date
    Jul 2012
    Location
    dutchess county
    Age
    68
    Posts
    1,267

    Default

    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

  5. #5
    Major JosERW's Avatar
    Join Date
    Apr 2013
    Location
    Nassau County
    Posts
    1,730

    Default

    Is he allowed to apply intermediate scrutiny to a case involving a constitutional right?
    * NRA ENDOWMENT LIFE * GOA LIFE * SAF LIFE * NYSRPA * SCOPE LIFE *

    This law is dumb.

  6. #6
    Corporal mreaston's Avatar
    Join Date
    Mar 2013
    Location
    The Southern Tear
    Posts
    106

    Default

    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.
    Burzum likes this.
    I am a member of multiple pro 2A organizations

  7. #7
    Sergeant
    Join Date
    Sep 2012
    Location
    Saratoga
    Posts
    387

    Default

    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.

  8. #8
    Corporal Rethin's Avatar
    Join Date
    Jan 2012
    Location
    Otsego
    Posts
    187

    Default

    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.

  9. #9
    Sergeant
    Join Date
    Sep 2012
    Location
    Saratoga
    Posts
    387

    Default

    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.

  10. #10
    Not so Super Moderator Chicken Shoot's Avatar
    Join Date
    Jan 2012
    Location
    Saratoga County
    Posts
    7,255

    Default

    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.
    http://www.chickenonaraft.com/

    ΜΟΛΩΝ ΛΑΒΕ

  11. #11
    Major
    Join Date
    Mar 2013
    Location
    Sullivan
    Posts
    1,348

    Default

    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)

  12. #12
    General Shooter's Avatar
    Join Date
    Sep 2012
    Location
    Onondaga County
    Posts
    8,589

    Default

    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.
    Dr. Evil, 1911guy, Burzum and 1 others like this.
    the right of the people to keep and bear arms, shall not be infringed.

    NYSRPA

    Admitted to New York and Massachusetts Bars

  13. #13
    Corporal Rethin's Avatar
    Join Date
    Jan 2012
    Location
    Otsego
    Posts
    187

    Default

    Quote Originally Posted by Shooter View Post
    He does not do so correctly.
    What mistake does he make?

  14. #14
    Major Aquadoc's Avatar
    Join Date
    Mar 2013
    Location
    Suffolk County
    Posts
    1,186

    Default

    Quote Originally Posted by Shooter View Post
    He does not do so correctly.
    Please explain.
    Endowment Member NRA
    Life Member SAF
    Member NYSRPA
    Member S.C.O.P.E.

  15. #15
    Colonel Carabiner's Avatar
    Join Date
    Dec 2012
    Location
    Ulster
    Posts
    3,728

    Default

    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 progressive Party changed its symbol from the Donkey to a Condom because it more accurately reflects the Party's political stance. A condom allows for inflation, halts production, destroys the next generation, protects a bunch of dicks, and gives you a sense of security while you're actually being screwed!I ------------NRA - S.C.O.P.E. - SAF - NYSRPA-----------

  16. #16
    Corporal Rethin's Avatar
    Join Date
    Jan 2012
    Location
    Otsego
    Posts
    187

    Default

    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.
    epthorn likes this.

Similar Threads

  1. And where you have strict gun laws.....
    By DystruktoBoi1 in forum Firearms in the News
    Replies: 1
    Last Post: 04-05-2013, 09:07 PM
  2. Replies: 1
    Last Post: 02-24-2012, 01:29 PM
  3. NRA-ILA: Another BATFE gun operation is under scrutiny
    By nyfirearms in forum News Feeds
    Replies: 1
    Last Post: 01-13-2012, 11:40 AM
  4. Replies: 0
    Last Post: 02-02-2011, 11:21 AM
  5. NYSRPA: Strict scrutiny
    By nyfirearms in forum News Feeds
    Replies: 0
    Last Post: 07-02-2008, 12:30 PM

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •