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The Range
Law & Order
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<blockquote data-quote="Dave70968" data-source="post: 3204372" data-attributes="member: 13624"><p>The big difference between "strict" and "intermediate" scrutiny vs. "rational basis" is who carries the burden of proof: for the "scrutiny" standards, the <em>government</em> must affirmatively prove it meets the elements. For "rational basis," the challenger must prove that the law <em>doesn't</em> have some rational basis. The latter is not only hugely deferential to .gov in the first place, but also makes the challenger prove the case instead of .gov having to prove it. So far, it looks like the Second Amendment is being held to at least intermediate scrutiny, which is a very good thing for us.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3204372, member: 13624"] The big difference between "strict" and "intermediate" scrutiny vs. "rational basis" is who carries the burden of proof: for the "scrutiny" standards, the [I]government[/I] must affirmatively prove it meets the elements. For "rational basis," the challenger must prove that the law [I]doesn't[/I] have some rational basis. The latter is not only hugely deferential to .gov in the first place, but also makes the challenger prove the case instead of .gov having to prove it. So far, it looks like the Second Amendment is being held to at least intermediate scrutiny, which is a very good thing for us. [/QUOTE]
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