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Third Circuit upholds NJ's ban on magazines holding more than ten rounds.
In Ass'n of N.J. Rifle and Pistol Clubs v. Attorney General.
The case is quite well laid-out for an anti-2A result, tho I course like the dissent better:
"Yet the majority treats the Second Amendment differently in two ways. First, it weighs the merits of the case to pick a tier of scrutiny. That puts the cart before the horse. For all other rights, we pick a tier of scrutiny based only on whether the law impairs the core right. The Second Amendment's core is the right to keep weapons for defending oneself and one's family in one's home. The majority agrees that this is the core. So whenever a law impairs that core right, we should apply strict scrutiny, period. That is the case here.
Second, though the majority purports to use intermediate scrutiny, it actually recreates the rational-basis test forbidden by Heller. It suggests that this record favors the government, but make no mistake--that is not what the District Court found. The majority repeatedly relies on evidence that the District Court did not rely on and expert testimony that the District Court said was "of little help." 2018 WL 4688345, at *8. It effectively flips the burden of proof onto the challengers...."
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You do realize that the SC CAUSED all these state level problems when they (John Marshall) screwed up the entire meaning of the Bill of Rights in Barron (1833). Marshall, ever the idiot, missed the entire supremacy clause, because he was a corrupt judge trying to usurp power for the courts. Look at the troubles he caused simply because he would not be honest.
Madison's intent was/is totally irrelevant since those who ratified the Bill of Rights chose to add the amendments to the end and NOT to screw with the original document. Madison was another ejit when he proposed inserting clauses willy nilly within the original writing.
FWB, yes I do. However, this is the world we woke up in today.
The Federalists won. If they hadn't, the Anti-Federalists would have, and we'd still have an abusive government because that's what governments become. There is no structural remedy.
so is this heading to the SupCt with Kavanaugh one of now 4 probable votes to grant cert?