Under any of the standards of scrutiny that we have applied to enumerated constitutional rights,27 banning from the home “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” 478 F. 3d, at 400, would fail constitutional muster.
By using any, that means all. That means strict scrutiny is included.
I think that statement meant that the DC laws would fail even the lowest level of scrutiny, let alone strict scrutiny. Of course their is one key phrase in there:
any of the standards of scrutiny that we have applied to enumerated constitutional rights
Does anyone know of any other enumerated constitutional right that is not subject to strict scrutiny? I can't think of any. Hmm.
Well, yes. But he's not applying any particular level. He's saying that it doesn't matter what level of scrutiny the court applies, it fails. Even "reasonable basis" scrutiny or "not arbitrary and capricious scrutiny."
He expressly refrained from deciding which scrutiny level to apply. IMHO, that means that one of the concurring judges was not ready to go as far as strict scrutiny--probably Kennedy. So to get a true majority opinion, Scalia agreed to not decide the scrutiny level.
I practiced law for 20 years and have had cases before the US Supreme Court. Language like what you quote is the way judges kick the can down the road on a contentious issue--in this case, the scrutiny level.
I haven't read the whole decision--only rather extensive excerpts. So I might change my mind on reading the whole thing. But the language you quote does not get you to a ruling that strict scrutiny is the standard. I wish it did :(