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Old July 14, 2013, 08:17 AM   #283
speedrrracer
Senior Member
 
Join Date: December 15, 2011
Location: San Diego, CA
Posts: 317
SilverBullet -- I agree the abortion analogues are legion, and not just for CA, but on the federal level, too. There's a link somewhere in this forum to a fantastic paper on exactly that topic.

However, there's kind of a known / accepted / I don't know how to phrase it hierarchy derived from BoR rulings, where certain parts of certain amendments get strict scrutiny and others get rational basis review. So right or wrong, it's to be expected.

You say the abortion analogues come into play due to previous court rulings. By what mechanism? For example, do the analogues come into play because other BoR rulings mention abortion? Because other 2A cases mention abortion? Because other cases compare preferential treatment for fashionable, non-enumerated rights with unfashionable, enumerated ones? That's what I'm trying to learn.
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