SCOTUS Ponders How Second Amendment Cases Should be Decided Going Forward

In addition to deciding whether the Second Amendment protects the right to carry a gun in public, the Supreme Court may be poised to change the way future courts review gun cases altogether.

The Supreme Court heard oral arguments for the case NYSRPA v. Bruen on Wednesday. Among the flurry of questions probing the scope of the right to carry firearms in public, questions surrounding the standard of review for this case and future gun cases kept surfacing.

“Some of your amici have asked us to provide further guidance to lower courts in cases beyond your own,” Justice Neil Gorsuch said. “They’ve pointed out that some lower courts have refused to apply the history test, for example, and said they will not extend Heller outside the home until this Court does. Other courts have applied intermediate scrutiny and variations of that. Some have suggested that strict scrutiny would be appropriate to treat this right comparably to other rights under our modern tiers of scrutiny.”

The question asked by Justice Gorsuch, one of several that he and other justices asked about appropriate standards of review, highlights the potential for the Court to establish a text, history, and tradition (THT) standard for deciding whether this and other future gun restrictions are constitutional. Such a standard, if officially established, could make it much harder for future gun restrictions to pass constitutional muster.
Source: The Reload
SCOTUS by https://www.flickr.com/photos/39965300@N07 is licensed under Flickr https://creativecommons.org/licenses/by/2.0

Gun Dynamics® in the Media

Forbes
OANN
US News & World Report
Fox Business
NRATV
AAN
Newsmax
yahoo
GUN WORLD
guns.com
NYT
rockland county times
bitcoinlove
Longroom
rocketnews
Forextv
baltimore post
yournews
The Gun Feed
compuserve
Christian Science Monitor
peoples trust toronto
presscorp
investing.com
newstage
Circa
usweekly