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Old March 5, 2012, 04:39 PM   #31
Armorer-at-Law
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Join Date: October 29, 2002
Location: Cincinnati, OH
Posts: 372
Another nice quote from the decision:
Quote:
At bottom, this case rests on a simple proposition: If the Government wishes to burden a right guaranteed by the Constitution, it may do so provided that it can show a satisfactory justification and a sufficiently adapted method. The showing, however, is always the Government’s to make. A citizen may not be required to offer a “good and substantial reason”
why he should be permitted to exercise his rights. The right’s existence is all the reason he needs.
Quote:
Question..This is federal district court...for Maryland...does this case need to be appealed up one level to affect Washington DC? Or two levels?
The law at issue only affects Maryland, so the desicion only applies to Maryland. MD is in the 4th Circuit, so an appeal would go there. DC has its own federal district court and it own court of appeal circuit (DC Circuit). An appeal to the US Supreme Court would still only affect the Maryland law at issue, but the analysis would then have persuasive value to courts throughout the US.
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