McDonald v. Chicago - Whats the chance of Strict Scrutiny?

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To me, an outsider (not a lawyer) it appears to be a farce.

Another way of expressing that sentiment in the [strike]modern[/strike] postmodern world: "There are some things so silly that only a PhD could believe them!"
 
More illustrations...

"That depends on what you mean by the term "is"":what:paraphrasing attorney and past politician W. Clinton
 
I'm going back and forth on this one in my mind.

In the end, I have to admit that I lean more towards thinking the Court will at least discuss levels of scrutiny.

I say this because to decide, for example, if due process applies to the States, doesn't the Court have to at least mention what that due process would be? (And possibly give clues as to the level of scrutiny allowable?)

I say yes. In order to approve of a due process argument, there has to be some mention of what that process entails IMHO.
 
I'm thinking the Court will discuss levels of scrutiny...

...with each other, in the cocktail lounge across the street, after the case is over.
 
I'm betting they've done that already, 'Bear.
Probably right after Heller.

Yes. And this time they might have put in a different drink order, but that'll be the only difference.
 
My point is that I think they had all of this pretty much worked out before they even agreed to hear Heller...

After all, there's no way they didn't know where Heller would lead, and I'm quite certain that they know where McDonald is going to lead. ( Doesn't Gura already have the next step/case waiting in the wings, for the resolution of this one? )

I just wish they'd go ahead and let the rest of us in on the plan. :mad:



J.
 
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