Vegasgiants
Silver Member
- Apr 16, 2022
- 2,469
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- Banned
- #61
Strict scrutiny is used in every second amendment caseNo...it doesn't......lower federal courts have not been using that standard....if they had been, they wouldn't have allowed various challenges to magazine and rifle bans to stand......
U.S. courts apply the strict scrutiny standard in two contexts:
- when a fundamental constitutional right is infringed,[2] particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the Due Process Clause or "liberty clause" of the 14th Amendment, or
- when a government action applies to a "suspect classification", such as race or national origin.