Nordyke is decided
Pdf opinion here On a quick read, it looks as if the majority analogizes the right to arms to abortion rights, and holds that a "substantial burden" or "undue burden" is subject to strict scrutiny, and lesser burdens to intermediate review. It remands for the trial court to apply intermediate review (which means the Methusala of gun rights cases will live yet longer). It will likely be a useful ruling -- which the majority didn't go with strict scrutiny, they went with the next best thing.
That's not how I and others are reading it. It seems to say that heightened scrutiny of as yet undecided form applies (so, intermediate *or* strict) applies to substantial burdens, and mere rational basis to everything else.
Posted by: Jeff at May 2, 2011 01:28 PM
Was there any doubt that they would do what was needed to make sure that the Nordyke's would lose? How in the world, can a gun show with unloaded firearms, be more dangerous, than a reenactment, with loaded, albeit blank, rounds?
This dam court has failed us yet again.
Posted by: 5thofNov at May 2, 2011 02:10 PM
The real question is - will it be appealed? If not, then it's a blow to gun rights. Otherwise, it's a bumb in the road.
Posted by: rspock at May 3, 2011 08:12 AM
read as "bump". Sorry.
Posted by: rspock at May 3, 2011 08:13 AM