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Old February 22, 2013, 05:53 PM   #97
Luger_carbine
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Join Date: June 18, 2012
Posts: 379
Quote:
What the CA2 did was to agree that there was a right to self defense outside the home, but that the right was far enough removed from the core of the right (They didn't say "in the home" but the implications were quite clear) that the State could regulate it however they desired (rational basis review, however the court chose to dress it up).
It's interesting that Judge Hamilton’s dissent in Moore concedes that Rational-Basis should not be applied:

Quote:
Nevertheless, it’s reasonably clear at this point that the standard is more demanding than rational-basis review and less demanding than strict scrutiny.
It doesn't seem like Hamilton is arguing that rational-basis should be used and Judge Posner didn't. It seems like he's conceding that a stricter standard than rational basis should be used (he's not willing to buy into strict scrutiny).
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