esqappellate
President, MSI
- Feb 12, 2012
- 7,408
If the standard of review is text, history, and tradition, does that effectively wipe out any intermediate scrutiny opinions and return everything to a blank slate?
It does wipe out levels of scrutiny and it looks to either the founding (1789) or the adoption of the 14th Amendment (1868), to determine whether a given sort of gun regulation was present at the time. It's not a blank slate but a vastly different slate. For the best examples, look to Wrenn and Young opinions and Kavanaugh's Heller II dissent.