Wednesday, July 06, 2011
a 7th circuit decision granting a temporary injunction against gun ranges in chicago shows that the 2nd amendment is starting to get taken seriously by the lower courts. a standard of review is beginning to emerge from these caseshttp://www.blogger.com/img/blank.gif.
courts will look to whether the activity in question is within the core rights protected by the amendment,and the degree to which regulation burdens it. substatial or severe burdens on the core rights will get some form of heightened scrutiny.
analogies are made to election law cases, of all things, so what is to me the familar framework of anderson, takushi, and norman v reed, will have a new context.
i guess i'll cross-post this to my election law blog as well.
buckley v valeo exacting scrutiny is mentioned, as well as crawford v marion county, which extended the anderson test to election law cases generally.
the decision cites a number of well known law bloggers, including eugene volokh, instapundit, randy barnett, david koppel.
a longer version of this post is here http://ballots.blogspot.com/2011/07/7th-circuit-decision-granting-temporary.html
courts will look to whether the activity in question is within the core rights protected by the amendment,and the degree to which regulation burdens it. substatial or severe burdens on the core rights will get some form of heightened scrutiny.
analogies are made to election law cases, of all things, so what is to me the familar framework of anderson, takushi, and norman v reed, will have a new context.
i guess i'll cross-post this to my election law blog as well.
buckley v valeo exacting scrutiny is mentioned, as well as crawford v marion county, which extended the anderson test to election law cases generally.
the decision cites a number of well known law bloggers, including eugene volokh, instapundit, randy barnett, david koppel.
a longer version of this post is here http://ballots.blogspot.com/2011/07/7th-circuit-decision-granting-temporary.html
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