delaware_export
Ultimate Member
- Apr 10, 2018
- 3,276
I don’t know how it’ll work, as I am not a lawyer. But at least one ?brief? I read leaned on cavanaugh’s concurrence in bruen to attempt to avoid the 6/3 opinion.
the part about “not cast doubt on long standing“… (I believe that’s what his concur said)
the part about “not cast doubt on long standing“… (I believe that’s what his concur said)
It is going to come down to how the cases get argued. The circuits certainly are not going to see the light, but I don't believe they are going to adopt completely unreasonable arguments either. The courts did not simply defer to the State for no reason, they did it because they perceived the issue as a political issue due to the conflicting evidence that was presented to them.
SCOTUS still has not really addressed the deference issue because it has not really been argued in a way that resolves the issue. It is not really about deference, it is about when it is appropriate to restrict rights and for what reasons. While Bruen took the previously used reasoning off the table, it did not really provide clear guidance on how to figure it out.
I think we need to wait and see how the states begin to argue these cases. I do not know how the states are really going to respond.