NYSRPA vs NYC WILL go to SCOTUS

[C3D]

Under strict scrutiny, a law interfering with a fundamental right will generally be upheld only if it is necessary to achieve a compelling governmental interest. That’s why US citizens of Japanese descent were allowed to be placed in interment camps. That’s why it is used for gun laws. It’s basically a circus to allow unconstitutional acts to stand.

Marine Cpl is not wrong, strictly speaking. In the (in)famous Korematsu case about internment strict scrutiny was applied and the government still won.

Korematsu is the exception. Most laws facing a strict scrutiny challenge fail, although again there is a point that can be made that the Supreme Court has gotten laxer about it in the last 25 years or so.

Strict scrutiny is nonetheless the tightest standard of review for any law, and Heller made it clear that the RKBA is not a boundless right and is subject to some limitations.

Noratoga also raises another excellent point, which is that in a strict scrutiny case the burden of proof is on the government to prove the law is constitutional. That includes showing the least restrictive means were used.