jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
I thought the argument was that intermediate scrutiny was the wrong standard.
The typical 2A argument is that the intermediate scrutiny standard the lower court used is really rational basis.
From NYSRPA cert petition
they always seem to leave out why it is rational basis rather than intermediate scrutiny.If this kind of showing satisfies heightened scrutiny, then this Court did not mean what it said in Heller. And if that is truly the case, the word that Heller and McDonald amount to no more than rational basis
I believe the lack of any real evidence is one of the reasons they chose the case.
What typically gets argued is either text, history and tradition and/or strict scrutiny
From NYSRPA merit brief
andthe Second Amendment protects the right to keep and bear arms, and the framers plainly envisioned that the citizenry would be able to transport their firearms to the training ground. Moreover, the history and tradition of the Second Amendment, much of which was surveyed and relied upon in Heller, confirm that Second Amendment
rights were never understood as confined to the home.
If means-end scrutiny has a role to play in Second Amendment cases, this Court should clarify that strict scrutiny applies