Posts Tagged jurisprudence

Judge Exposes Hypocrisy Of Second Amendment Jurisprudence

From Reason:

Frankly, this entire process is a waste of time. So, Judge VanDyke tried something new–write an “alternative” draft en banc opinion–or a fauxpinion, if you will–that reverses his panel opinion.

Since our court’s Second Amendment intermediate scrutiny standard can reach any result one desires, I figure there is no reason why I shouldn’t write an alternative draft opinion that will apply our test in a way more to the liking of the majority of our court. That way I can demonstrate just how easy it is to reach any desired conclusion under our current framework, and the majority of our court can get a jump-start on calling this case en banc. Sort of a win-win for everyone. 

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