Sunday, January 13, 2013

Didn't Heller v DC Say...

Gun Control may be hunky dory for Scotus if it:

(i) is justified by a compelling government interest, and (ii) is narrowly tailored to achieve the compelling government  interest; and (iii) is the least restrictive means of achieving the compelling government interest.


You cross SCOTUS on a ruling and even the justices opposed to the ruling initially have a habit of backing up past rule, gettin their stare decis on...


So, when the bills come up in Congress, the People, and the Opposition should ask "how does this meet i ii or iii?" and see if the proponents can justify it.  Otherwise they are wasting the legislature's time.

Naw... SCOTUS didn't rule that.  That would be STRICT scrutiny.   We don't have that, quite yet.  But we should.

2 comments:

Carteach said...

You are making a common mistake, thinking the opposition gives a rats potootie about laws, or rules, or the Supreme Court's past decisions.

Old NFO said...

Excellent point!