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#1261 Hipshot Percussion

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Posted 10 February 2016 - 06:47 PM

Why wouldn't all cases pertaining to our Rights be strict scrutiny?


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#1262 borgranta

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Posted 11 February 2016 - 09:23 PM

CA4's ruling is binding in only Maryland? Or all of the 4th Circuit? Someone on another site mentioned this could have implications for proposed legislation in Virginia.

The lower courts of the 4th circuit including those outside of Maryland due to the ruling are now on notice that they must use strict scrutiny when judging laws that affect the 2nd amendment.


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#1263 skinnyb82

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Posted 27 February 2016 - 03:39 PM

They're not obligated to follow their sister Circuits. Just look at CA9. Their standard of review could best be characterized as "irrational basis" or "legal gymnastics in order to reach the desired conclusion." It's guiding, not binding precedent. I doubt any Circuit is going to follow lockstep. Especially when there's established, binding precedent in every other Circuit. Now, that may change but I don't see that happening in the near future. CA6 and CA4 have both applied strict scrutiny in Second Amendment cases. However, with Tyler going to en banc, who knows if Tyler will be reversed on en banc. Who knows if Kolbe will go en banc, especially when this issue is an extremely important Constitutional question and the panel has departed from well-established guiding precedent. All the more reason to put a Republican in the WH this fall. Originalism is alive and well. Sent from my VS986 using Tapatalk
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