Heller: Scrutiny?

[usmarine0352_2005]

Since I didn't want to get my other thread off topic, I started this one.


Many people are saying that since Scrutiny wasn't brought up in the question by SCOTUS, it will not be ruled upon in Heller. That it will be ruled upon in a later case.


So while people are talking about Machine Gun Ban and Incorporation next, why aren't people talking about Strict Scrutiny?


And what case in what state would be the best for this?


Is Strict Scrutiny even important?


Are machine guns and Incorporation more important then Strict Scrutiny?

 

[Solo Flyer]

Many of the threads have addressed the issue of the amount of scrutiny the Heller decision will produce.
Looking back on many of them it appears the majority of the THR legal community feels the result ,if favorable to Heller, will be very narrow without strict scrutiny.
And yes,SS is very important.Obviously,IANAL.See this entry:

http://en.wikipedia.org/wiki/Strict_scrutiny

 

[Bartholomew Roberts]

Machine guns aren't even on the table without strict scrutiny... and even then it would be iffy.

So you will not get to the MG issue without first addressing the level of scrutiny.

On incorporation, you could theoretically get there without determining the level of scrutiny since the Chicago ban is pretty broad. IIRC, you can still own longguns in Chicago though - so that might open a wedge for discussion of scrutiny.