Dave Kopel is looking for papers, treatises or law review articles on Intermediate Scrutiny, which I can only surmise is for something related to the Second Amendment, since that seems to be the preferred method of review by the federal courts, and the most common method for essentially denying the Second Amendment really means anything, I think this is an important topic. If you have any advice for Dave, leave a common over at the first link. I don’t really know of anything helpful, so all I really had to offer was snark.
4 thoughts on “Intermediate Scrutiny Bleg”
I love the word games courts play to deny rights. Anything in the BoR should be protected by strict scrutiny. We may have to go state by state and get a Louisiana type Constitutional Amendment passed.
During the oral arguments for Heller, Chief Justice Roberts reminded everyone that intermediate scrutiny is actually quite recent. I don’t find any evidence that the courts had such a concept until the 1960s. From my reading of the cases in which intermediate scrutiny was suddenly discovered, the left wanted a way to strike down some laws based on some rights some of the time, but leave them in place when they were doing some righteous and wonderful!
I’m sure Dave Kopel has something genius up his sleeve with this! He wouldn’t waste his or anyone else’s time with something trivial.
Who was it said they’ll call it intermediate scrutiny, but continue to apply rational basis?
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