- Dec 17, 2007
If in later cases, the 2nd A is held applicable to the states (likely), and the standard of review is intermediate, the approach would in theory be to examine the actual implementation of the law and see whether it is in fact arbitrary and capricious in practice. If strict scrutiny becomes the level of review warranted, I agree that the EOP and may issue license schemes may be subject to facial challenge as simply being not the most effective and least intrusive approach to the government's stated goal(s) of [reducing violent crime ; reducing firearms violence ; public safety ; etc.]. Not sure how the AWBs will fare even under strict scrutiny.If things contiue down this path... my hope is that goal will have a way to to kick out the EOP and AG lists and the AW ban in MA.
That may be a long shot (pun intended) but I/we can hope.
It is going to become - as it should have been since at least the 14th Amendment - an entire realm of constitutional legal scholarship the way freedom of speech is. I think there's a lot of years yet to go for the courts just to figure out the basics.