I'm not sure if you realize it or not, but this decision was strict scrutiny in all but name.
Oh, I do.
I followed the Skoien
case closely, and as soon as I saw Judge Sykes up at bat for this one, I gasped, "oh snap!"
I don't often lapse into such banal clichés, but they've handed us a potential circuit split, and I'd like to see the Supreme Court rule on a standard of review while we've still got the Justices we need to get it right.