[EugeneInNC]

Can the circuit court send the second Heller case back to Judge Urbina to be reconsidered? The reason I ask is that in his opinion the judge said “If the Supreme Court had wanted to declare the Second Amendment a fundamental right, it would have done so explicitly.” In the McDonald opinion the right is referred to as a fundamental right. This would undermine Judge Urbina's reasoning that intermediate scrutiny is the appropriate level of scrutiny for this case.
I just think that if it went back to Urbina he would have to apply strict scrutiny or he would look foolish.

Thanks in advance for any opinions or info. on how this part of the legal system works.