« Elon Musk: I'm not plotting a zombie apocalypse to promote flamethrower sales | Main | Criminal complaint against the "person of interest" in Las Vegas shooting »
Illinois Supreme Court strikes down ban on guns within 1,000 ft of parks
Posted by David Hardy · 1 February 2018 01:41 PM
Here's Prof. Volokh's analysis. The court uses "elevated intermediate scrutiny," holding that "the government bears the burden of showing a very strong public-interest justification and a close fit between the government's means and its end, as well as proving that the "public's interests are strong enough to justify so substantial an encumbrance on individual Second Amendment rights.""
(This level of review stuff is getting complicated. Back when I went to law school, there were just two: strict scrutiny and rational basis. Now there are three and arguably four levels.
Elevated Intermediate Rational Basis Strict Scrutiny.
Like an Advanced Intermediate Beginner in skiing.
Alex Kosinski, I believe, wrote of how the courts use such elastic concepts not found in the constitution to favor some rights and disfavor others. If it's an infringement of a constitutional right in question, it should be strictly scrutinized, or the restriction is out.
And while I'm at it, I want a rocket and a pony.