10th Circuit upholds ban on guns for illegal aliens...and more

[Sam Spade]

http://volokh.com/2012/05/07/tenth-circuit-upholds-ban-on-gun-possession-by-illegal-aliens/

Of importance is their application of intermediate scrutiny in upholding the law. Good news that they didn't go for the low "rational basis" test. But as an enumerated constitutional right, the test should have been strict scrutiny.

[syntaxerrorsix]

http://volokh.com/2012/05/07/tenth-circuit-upholds-ban-on-gun-possession-by-illegal-aliens/

Of importance is their application of intermediate scrutiny in upholding the law. Good news that they didn't go for the low "rational basis" test. But as an enumerated constitutional right, the test should have been strict scrutiny.

Right? Imagine who would be in charge of determining the next group of folks who fit that perceived profile.