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Old October 12, 2010, 09:54 PM   #27
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,541
Today, Judge Kendall has denied the preliminary injunction. Method of scrutiny was rational basis on a "sliding scale." Disappointing, but not unexpected.

Remembering that in Heller, reiterated in McDonald, that the Court held that rational basis analysis was "off the table," it seems logic also flew out the window when Judge Kendall made an analysis of both the witnesses and the likelihood of success on the merits of the suit.

The Judge, it is plain to see, is afraid of treating the 2A as the fundamental right the Supreme Court has declared it to be.

Should you decide to read the Judges denial, as referenced above, please reread Chicago's MTD. You might see the Judge has just set up the reasons for her to grant the MTD.
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