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Old July 8, 2010, 10:06 AM   #30
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,537
Originally Posted by Wildalaska
Some of those laws will pass muster, some wont.
Ken, I'd be interested in which of these new Chicago laws, in your opinion, will be found constitutional.

The lawsuit, Benson v. Chicago (an easily read double spaced 20 page complaint), is pretty specific as to which parts of the new laws place an undue burden upon the exercise of the core right, which parts are so contradictory as to be arbitrary and capricious, and which parts deny due process.

The only thing they didn't touch upon were the fees. McDonald, going forth will be mooted for the most part, except the those portions dealing with the fee and licensing structure.

Given that the suits are dealing with the core right, the court(s) will have to apply strict judicial scrutiny. I think this is actually a good two-pronged attack, which will likely succeed.
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