Blacksmith101
Grumpy Old Man
- Jun 22, 2012
- 22,288
https://www.subscriptlaw.com/blog/levels-of-scrutiny this is what I found, maybe someone can link you to something better though
That is good but it also illustrates my problem. It shows three levels of scrutiny but the cases we are following seem to be decided on and reference many other nuances called "scrutiny".
Heller scrutiny referenced in the decision on the California magazine ban.
Multiple step review "intermediate scrutiny" in several case.
Then "Text history and tradition" mentioned in this thread for example.
The California magazine ban opinion actually covered several levels of scrutiny and said the case failed all of them. So my question is what are the "legal" levels of scrutiny and when does one stop and the next begin and who decides what, where, and when? Also what are the differences legally between, Legitimate, Important, and Compelling; and "Rationally Related", "Substantially Related", "Narrowly Tailored" ?
I don't want or need the Bar Review definitions just a dumb old country boys level of understanding.