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Old 11-21-2012, 04:06   #1
The Oracle
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Join Date: Oct 2006
Location: Earth
Posts: 1,243
Constitutionality of Louisana's Act #874

I am in favor of Strict Scrutiny for judicial review of laws which restrict the Right to Keep and Bear Arms.

...but I am highly dubious (to say the least) of Louisiana's legal authority (of which they have none) to declare Strict Scrutiny (in any meaningful way) to be the level of judicial review to be applied for laws restricting the right to keep and bear arms, as they have just done with the passage of 874.

Especially since, after many chances, the Supreme Court has repeatedly declined to use Strict Scrutiny to gauge the Constitutionality of laws restricting gun rights.


I envision a challenge to the new law, with the State of Louisiana named as defendant something along the lines of;

Plaintiff's claim on appeal in Federal Court, ..."we tried to get/got law-X passed, whose burdens on gun ownership are slight, and it failed solely because the Louisiana supreme court, following 874, shot down our proposed law restricting gun rights, ...which would have passed any level of review but Strict Scrutiny (e.g. Rational Basis, Intermediate Scrutiny).


IMHO, Federal District or eventual Supreme Court Ruling: ...874 (and any chance of a federal analog) invalidated due to being an overly restrictive level of review.


With states in their role as laboratories of democracy, I see a small chance of potential influence toward other states and possibly the Fed coming from Louisiana's 874, I just don't think it will withstand Federal Constitutional muster in regards to its declaration of Strict Scrutiny being the level of judicial review to be applied.



What do you think?




link to Act #874

http://legis.la.gov/billdata/streamd...asp?did=812575



.
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Last edited by The Oracle; 11-21-2012 at 04:08..
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