- Aug 29, 2016
- 763
I think because we win under true intermediate scrutiny; the Circuit Courts are using rational basis and calling it intermediate. Literally ANY reason in their minds overcomes intermediate scrutiny.
Exactly. Not to mention that for intermediate scrutiny, the law is supposed to "fit" the government interest. This is fine in theory, but the courts have completely deferred to the legislatures on the degree of fit and to their weighing of the evidence. That's not intermediate scrutiny.