I agree, I think every anti-gun judge will keep the same decision and just change intermediate scrutiny to strict scrutiny. It will take one case at a time like Heller & McDonald to invalidate each and every unconstitutional gun law...
Any Judge that rules intermediate or rational basis as strict scrutiny will be hosed and made to wear a dunce hat by the higher courts that will fall in line...
The test for strict scrutiny is well defined by the courts, and most of the gun control laws will never stand the test...
To pass strict scrutiny, the law or policy must satisfy three tests:1. It must be justified by a compelling governmental interest. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of a large number of individuals, and not violating explicit constitutional protections.2. The law or policy must be narrowly tailored to achieve that goal or interest. If the government action encompasses too much (overbroad) or fails to address essential aspects of the compelling interest, then the rule is not considered narrowly tailored.3. The law or policy must be the least restrictive means for achieving that interest: there must not be a less restrictive way to effectively achieve the compelling government interest. The test will be met even if there is another method that is equally the least restrictive. Some legal scholars consider this "least restrictive means" requirement part of being narrowly tailored, but the Court generally evaluates it separately.
I think eacala is right, and judges will simply arrive at the same conclusion and claim it to be strict scrutiny,
Take an AWB ruling for example:
1: Saving lives and preventing mass shootings is a compelling government interest (we know that mass shootings are a tiny fraction of overall crime, but the defense will bring up this point to defend a ban, so the judge will be able to use it in their decision)
2: An AWB is narrowly tailored in that it only targets the "weapons of choice of mass shooters" (again we know this to be false, both in that AWBs are much broader than that, and that even most mass shootings are committed with handguns not generally considered to be "assault weapons" but again this is what the defense counsel will say, so the judge can rule based off it)
3: The ban is least restrictive in that it doesn't require owners to give up any "assault weapons" they already own, just bans the sale of new ones, and that is the least restrictive way to keep them from proliferating on our streets
The only saving grace is that if SCOTUS uses this case to say lower courts must do a better job of applying strict scrutiny it hopefully means they will be more willing to take up appeals to set things straight