Thursday, February 06, 2014

Potential Second Amendment Cases for Supreme Court.

The Supreme Court needs to clarify a number of  crucial issues left remaining after its civil rights landmark decisions in Heller and McDonald.  Among these are:
1.  What is the standard of review? ( Strict scrutiny, intermediate scrutiny, rational basis?)
2.  What does "bear arms" mean in the Second Amendment?  To  what extent does the right apply outside the home?
3.  What types of weapons are protected?  What does "arms" mean in the Second Amendmet?

Hopefully, the Court will decide one or more of these cases that have been appealed to it.

2 comments:

  1. What's to scrutinize over an inherited fundamental freedom? Unless, of course, SCOTUS is weighing in on how government can suppress people's individual right to keep and bear arms, anywhere and/or any type. To have a court decide whether people are to use their hands, a fork, spoon or shovel to eat with is really none of their business. What they're duty bound to is to keep government off the backs of Americans who exercise their natural right to self-preservation.

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  2. Petitions for certiorari have been filed. Now we wait to see if SCOTUS will accept the cases.

    Art

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