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Old 05-10-2019, 3:16 PM
TruOil TruOil is offline
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Originally Posted by aboof View Post

To be clear:

1. Pena is definitely being held (they're definitely not working on a summary reversal -- maybe they will eventually, but they're not right now).
2. We don't know why it's being held, but it's very likely it's to wait for the outcome of the NY case.
I agree because the NY case directly raises the issue of the standard of review and the manner in which that review is to be performed. As the opening brief in that case argues, the liberal circuits are giving no more than lip service to the "intermediate scrutiny" analysis to the point where the Second Circuit accepted an opinion unsupported by any facts at all that there is a "public safety" benefit to the NYC ordinance. Others have done the same. If the Court concludes, as Thomas would argue, that strict scrutiny applies the same as it does for any other fundamental civil right, then Pena will be reversed and remanded "for reconsideration of the standards announced in" the NYC case.
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