[Spats McGee]

Originally Posted by Bartholomew Roberts

The thing is, in theory at least, a constitutionally protected right can’t be burdened unless there is both a compelling state interest in the restriction and the restriction is tailored to the minimum necessary to achieve the goal.* . . . .

* I’m summarizing my vague memory of Con Law from many years ago without actually taking the time to look it up.

A quick Constitutional Scrutiny summary:

1. Rational Basis: There has to be a rational basis for a law covering something in which the gov't has some legitimate interest.
2. Intermediate Basis: There has to be an important gov't interest and a substantial relationship between a law and that interest.
3. Strict Scrutiny: There has to be a compelling gov't interest and the law must be narrowly tailored to that interest.

A good, simple post on this is here: https://blogs.findlaw.com/law_and_li...explained.html