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Mass Shootings and the Law

Advisory Opinions

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Is Heenes Among the People?

In most circuits, the framework for analyzing second amendment rights is a two step cess. The question that was answered here, right? Illegal aliens were not protected within the second amendment,. That congress could exclude them if they wanted to. And then you apply an appropriate level of scrutiny. But judge newsom's point is it don't matter, because that second part of the test shouldn't exist. He says that that second part elevates we the judges over we the people through an ill defined balancing test. i fear freedom deluding. If we as judges conclude, as i've said we should, the second amendment rights shouldn't be casually balanced away by reference to mamanipulable means

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