This is a much bigger deal than what they decide in the actual case. A "text, history, and tradition" standard would probably result in many modern gun laws being struck down, such as "assault weapons" bans.
https://twitter.com/TheReloadSite/status/1456245371433275399
Interestingly, the US Solicitor General was on board with using the standard. His argument was that it should be used in cases where the history provides a clear answer and the court should default to intermediate scrutiny otherwise.
Plaintiffs took the opposite view. They want strict scrutiny if the court doesn't go with text, history, and tradition.
You can read the full exchange here, but I found the government's position to be pretty interesting. They argue history is on New York's side when it comes to its restrictive concealed carry law. It's a good preview of how these laws will be defended. thereload.com/scotus-ponders…
• • •
Missing some Tweet in this thread? You can try to
force a refresh
