• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

SCOTUSblog Symposium: Supreme Court should address lower court nullification of the Second Amendment

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
717
Location
Washington Island, WISCONSIN. Out in Lake Michigan
https://www.scotusblog.com/2019/11/...-court-nullification-of-the-second-amendment/
In the 2008 decision District of Columbia v. Heller, the Supreme Court affirmed that the Second Amendment is an individual right of all Americans, like everything else in the Bill of Rights. Yet many lower courts have refused to accept the Supreme Court’s holding. Among the worst offenders are the U.S. Courts of Appeals for the 2nd and 9th Circuits. In New York State Rifle & Pistol Association v. New York City, the Supreme Court should address the problem of lower court nullification of the Second Amendment.
[ ... ]
The 2nd Circuit is not the only court to pretend that obvious restrictions on the Second Amendment have nothing to do with the Second Amendment. The Supreme Court in Heller specifically instructed lower courts not to use the “rational basis” test in Second Amendment cases. Under the rational basis test, the most lenient standard of review in constitutional challenges to government actions, laws are almost automatically upheld. In the 2017 case Texeira v. Alameda, the 9th Circuit used the rational basis test to validate a California county’s ban on all new gun stores.
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
1,265
Location
Kentucky
Read today's dog and pony show.
Nothing of importance is going to result from this performance.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
The paperwork is the case and the oral arguments is the show.


I have sat through enough oral arguments and then read the decisions to know what the difference is between night and day.
 
Top