On Thursday, June 23, we will be live blogging as the court releases opinions in one or more argued cases from the current term. [More]
And the winners are…
UPDATES
Supreme Court Voids N.Y. Gun Limits, Establishes Right to Carry [More]
Notes from the Resistance
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I haven’t read it all, but it looks like in addition to striking down New York’s law, they also threw into question the laws in states with “may issue” laws similar to New York’s.
I didn’t see any mention of “strict scrutiny” and sense Roberts’ bias toward incrementalism.
But they did explicitly throw dirt on those lower courts that have been using a unique “two part” analysis reserved exclusively for Second Amendment related cases. Thomas reiterated that the Second Amendment is a fundamental right and cannot be treated any differently that the other rights considered fundamental. But in cases related to many/most of those rights, the court requires the use of “strict scrutiny.”
I didn’t read every word, but it seemed like Thomas was hinting that if he had his way, the standard applied in Second Amendment cases would also be “strict scrutiny” and although something kept him from reaching that goal, that he will look for some way to incorporate it in a future case.
Adams and Hochhul have alread stated point blank that they “will not comply.”
I would pay big money to watch the Militia of the Whole force them to comply.