M14 Shooter
The Light of Truth
It abolishes all means-end testingIt abolished the second step, which was used in Heller, which is the 'intermediate test', which, what, is the same thing as the 'means-end test, right?
-Rational Basis
-Intermediate Scrutiny
-Strict Scrutiny
That is, it negates -any- argument where the right to keep and bear arms must be balanced against the needs / function, real or imagined, of the state.
The enshrinement of constitutional rights, necessarily and intentionally, takes certain policy choices off the table.
It shouldn't be - Thomas was pretty clear.After Bruen, the constitutionality of gun laws will be based on whether the plain text of the Second Amendment protects the activities the laws are regulating. If it does, then “the government must affirmatively prove that its firearms regulation is part of the historical tradition” to set boundaries on gun use, but, this is vague, in my opinion.
All negated by the holding in Bruen.This new test encroaches on the duties of state legislatures (not to mention Congress). Instead of allowing the legislative process to unfold, with elected lawmakers looking at on-the-ground realities and deciding the best ways to balance rights and restrictions, the Court said the balance has already been “struck by the traditions of the American people.” But it’s worth asking, what traditions? Traditions made by whom? And who struck the balance between Second Amendment rights and firearm restrictions? Who was, as they say, in the room where it happened?
Good points, I would say.
As such, they mean nothing.
Until the, Bruen stands, and you don't get to ignore it.These recent rulings on the second amendment have been 6-3 rulings, conservative/liberal. That's not a very strong precedent, in my view, a vote should have at least one from the other side, in my view, to be a strong precedent. The day will come when the court will become more liberal than conservative, and we shall reverse these rulings, which, in my view, make America less safe.
Or the rulings that wiil sure follow from it.