jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
Many 2A attys agree that this indicates the placement of the 2A above the level(s) of scrutiny applied to the freedom to speak, associate, worship, travel, vote, etc. Ask around.
Can you provide a citation for this one? I'd be very interested (genuinely -- no sarcasm).
Many 2A attorneys believe strict scrutiny is the appropriate level. SCOTUS applies all three levels to the first amendment depending on the particulars. For example, political speech is usually strict scrutiny, content neutral speech gets intermediate, an some speech is not protected. Since you say that they are above these levels, what level is above strict scrutiny?
If you want a citation, just look at just about any 2A brief. For example the NYSPRA vs NYC cert petition used the term rational basis three times as examples of what the court did, but did not explain why it was rational basis rather than intermediate scrutiny.
https://www.supremecourt.gov/Docket...332608_NYSRPA cert petition 9-04-18 FINAL.pdf
The merit brief used it once as part of quote from Heller, yet mentions nothing as to why that is the case.
https://www.supremecourt.gov/Docket...SRPA v. NYC - Brief for Petitioners FINAL.pdf