View Full Version : Interesting post re: review standards

02-02-2008, 6:58 AM
is here (http://prawfsblawg.blogs.com/prawfsblawg/2008/01/dc-v-heller-the.html), reasoning by analogy...

Take away: "Forty-two states have constitutional protections for the individual right to bear arms and the state courts have authored hundreds of opinions deciding the constitutionality of burdens on the right. Every state, without exception, applies a "reasonable regulation" standard, equivalent in effect to rational basis review. No state applies strict scrutiny or any other form of heightened review."


Glen Reynolds evidently thinks he missed some stuff (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1089570), though. Gotta love that paper's title. The man knows how to get noticed.

M. Sage
02-02-2008, 8:33 AM
Lol, I was posting an argument to the first comment and to "reasonable" and some other people beat me to it. Nice.

WTF? I just refreshed the page and all the pro-RKBA comments are GONE! Only the little douche with his "oh, I think it's a collective right, but the court will probably find individual" has his comment intact?