Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Springfield Reformer
But I read the decision and it sure sounds like rational basis. For those from rio linda, that means the court defers to the legislature as long as they come up with some plausible excuse for the law.

Thanks for your explanation. That sounds like prior restraint. How can they reconcile that with decisions that declare the state has no duty to protect us peons in particular?

6 posted on 04/12/2013 2:07:56 PM PDT by neverdem ( Xin loi min oi)
[ Post Reply | Private Reply | To 4 | View Replies ]


To: neverdem

SR did a good job with that analysis.
I am convinced (after SCOTUS made it clear in Heller and McDonald that the 2nd Amendment is an individual right AND it is incorporated through the 14th Amendment to apply to the states) that the right of self defense should be subject to strict scrutiny.
I really don’t think a right can be considered fundamental by the high court and simultaneously be subjected to the rational basis test.
Rights of the individual inherently make the authorities uncomfortable. So a court simply must not defer to them when fundamental rights are at stake.


7 posted on 04/12/2013 2:34:21 PM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
[ Post Reply | Private Reply | To 6 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson