After the Kachalsky opinion from the CA2 was given, the State drafted a 28J letter and noticed the ruling to the court (27 Nov.).
Alan Gura has sent a reply to that 28J notice (attached). Most telling is the final paragraph (emphasis, mine):
Quote:
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Finally, Kachalsky’s use of rational basis review was not sanctioned simply by being euphemistically styled “intermediate scrutiny.” Kachalsky eviscerated the right to bear arms merely upon the State having declared it unacceptable as a matter of public policy. The Kachalsky Court refused to question a legislative judgment relating to an enumerated, fundamental right. But in so doing, Kachalsky second-guessed the People’s ratification of the Second Amendment—an act the Supreme Court will soon have an opportunity to review.
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This appears to say that Gura is going to SCOTUS with
Kachalsky.
The States 28J letter is here:
CA4-28jappellees.pdf