To any lawyers on this subreddit I was wondering if you could help me understand the intermediate vs strict scrutiny. I understand that strict offers a higher bar for the state to pass in order to be able to win their case. What I don't seem to understand is why wouldn't all constitutional rights: first, second, fourth, fifth, and fourteenth specifically wouldn't immediately be seemed to need strict scrutiny.
What are the downsides of having this be the standard instead of intermediate scrutiny? Why do we have to go through the rigamarole of intermediate scrutiny through every single case?
Preferably legal and technical answers preferred. Thanks.
In order to maintain organization and keep information easy to find during today’s launch, as usual, we maintained stickied posts for general discussion of the new song and radio station and restricted other posts to a limited number that, based on content, served the sub better as separate posts.
Now that it has been twelve hours since Alien Crime Lord first appeared on our sub, and six hours since its “official” release for streaming, the restriction on posting outside of the pinned posts for the new song are being lifted. All posts that would normally be allowed on the subreddit as separate posts will now be permitted. We will keep the Alien Crime Lord posts pinned until the next big event, and you are still welcome to comment there.
That said, our normal rules still apply. The moderators can still remove redundant, off-topic, and spam or low-effort posts. There may be a lot of new posts from our excited users, so we ask that you use discretion, look around before you post and add your thoughts as a comment to an existing post where appropriate. Not every thought needs its own post, so if you have a quick reaction to the new song, a comment in the pinned posts is still the best way to share it.
Thank you to all of our users, who make these new releases so much more fun to experience together! You all are the best!
According to the Barbri CMR, it is "unclear" who bears the burden of proof (plaintiff or the government) when it comes to proving whether a regulation is "substantially related to an important government purpose."
I feel like I've seen this tested on an Adaptibar question, but can't remember. Any ideas? Does Themis have something different to say about this?
Does anyone have a visual aid for these subjects? I'd love something that summarizes all 3 subjects.
Hey everyone! Hope everyone is enjoying their finals grind haha! I have a question for anyone who can give me a concrete distinction between rational basis w/bite and intermediate levels of scrutiny. I assume intermediate scrutiny is a more demanding analysis but I'm just having difficulty conceptualizing the distinction.
Summer is almost here, good luck everyone!
Hello Folks,
With the term winding down, what better way to fill in the gaps than about upcoming lower court appeals/trials?
What better way than this case that came across my twitter timeline.
Matthew Jones v. Xavier Becerra
An appeal from the denial of a preliminary injunction in an action alleging that California Penal Code section 27510, as amended by SB 1100 and SB 61, violates the Second Amendment rights of 18 to 20 year-olds. [3:19-cv-01226-L-AHG]
The panel took an an unusal step of asking for additional answers to these questions:
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What is the original public meaning of the Second Amendment phrases: “A well regulated Militia”; “the right of the people”; and “shall not be infringed”?
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How does the tool of corpus linguistics help inform the determination of the original public meaning of those Second Amendment phrases?
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How do the data yielded from corpus linguistics assist in the interpretation of the constitutionality of age-based restrictions under the Second Amendment?
The Panel:
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Ryan Nelson
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Appointed By: Donald Trump
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Dissented from denial in Young v. Hawaii
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Kenneth Lee
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Appointed By: Donald Trump
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Wrote the opinion in Duncan holding LCM bans are unconstitutional.
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Did NOT join any dissenting from denials in Young v. Hawaii
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Sidney Stein (SDNY, sitting by designation)
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Appointed by: Bill Clinton
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No second amendment opinions from my quick search
Notes:
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This argument will be live streamed on Youtube on May 12 at 9AM PST
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The district court found the following:
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Opted for intermediate scrutiny over strict scrutiny BECAUSE " [the law] does not categorically ban the possession of arms used for self-defense."
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The judge used the ill fated Heller quote to deny the injunction: “However, the Court noted that this right is "not unlimited"
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The CA5 upheld a similar scheme in 2012 and en banc review was denied.
On an unrelated note, check out this passage from the panel that might impact the
... keep reading on reddit ➡Hi all! I find this case so interesting and think about it a lot. I’ve gone over so many scenarios in my mind and flip-flopped but recently found a forum post that I think makes the most sense to me. Disclaimer: I did not write this!
Forgive me if this has already been discussed here; I’m curious what everyone thinks. Here is the link and I’ll c/p the (warning: LONG) text below: https://forums.somethingawful.com/showthread.php?threadid=3631148&userid=0&perpage=40&pagenumber=113#post446392539
Edit: want to add that there are definitely inaccuracies in the below. Many of the details are controversial, padded with opinion, are incorrect, or are debatable in general. I am sharing this because I agree with the “milestone” events within that ultimately (unfortunately) brought these two girls to their demise, in my opinion. Just wanted to clarify I’m not endorsing everything within as fact or trying to pollute progress made on the investigation.
Copied content: Part One
March 31 - Kris and Lisanne arrive in Boquete. They were both excited about beginning a job teaching English at a school run by a German expat the next day. After settling in with their host family, they go to the school, where they find there has been a misunderstanding and that they are not to start work until a week later. Lisanne apparently was very upset by this (it's possible that it was going to impact their finances) to the point where she wrote about it in her diary that night.
April 1 - They have a week to kill. After talking to some locals and doing some research, the girls hire a guide for the next day, April 2, to climb Volcán Barú, a local volcano. They decide to spend that day hiking La Pianista, a well-known local trail. There is a lot of confusion over details here, with contradicting eyewitness accounts of where they did or did not have breakfast first, whether they took a taxi or a bus to the trailhead, etc. I've disregarded all of that because I don't feel it's important, as inarguably the girls made it to the trailhead and started their hike of La Pianista. A camera and two phones were recovered from their backpack that show photos of the two of them on the trail and at the top, where they took pictures of one another at a summit viewing spot. This is where ordinarily people turn around and descend back to Boquete. It was first believed that the girls reached the summit around 3pm, but later analysis of the shadows in the summit photos
... keep reading on reddit ➡Ship Log:
Local Date: February 3, 1773
Reconnaissance vessel has crossed boundary of stellar influence. Approaching system Oort cloud. No technical problems to report. Course steady, speed reduced to 84.3% cruise in case of need for evasive maneuvering.
Ship Log:
Local Date: February 12, 1773
Reconnaissance vessel has entered system Oort cloud. No technical problems to report. Course steady, speed increased to 96% cruise after modeling of potential obstructions assures clear trajectory. Oort cloud exit expected to occur by local date February 14, 1773.
Ship Log:
Local Date: February 14, 1773
Imprecise obstruction modeling resulted in collision with 14.33 kg Oort cloud object at 96% cruising speed. Object composition: 71% water ice, 14% assorted dust, 5% carbon dioxide, 3% ammonia, 3% methane, 2% miscellaneous. Preliminary damage audit underway.
Course steady, speed reduced to 40.0% cruise to prevent further collisions.
Ship Log [a]:
Local Date: February 16, 1773
Damage audit complete. Reconnaissance vessel remains 100% habitable. Propulsion unaffected. Full mobility retained. Secondary-systems damage audit underway.
Reconnaissance vessel has exited system Oort cloud. Course steady, speed increased to 100% cruise. Planetary approach expected by local date February 16, 1773.
Ship Log [b]:
Local Date: February 16, 1773
Planetary approach complete. Reconnaissance vessel orbit established, pending further instruction, at target planet's second (2) Lagrange point.
Secondary damage audit regarding local date February 14, 1773 impact with Oort Cloud object complete. Entirety of damage incurred in observation, communications, and data collection systems. All mission-critical intelligence gathering devices presently inoperable.
Repair-potential sufficiently low to trigger TIGACS protocol.
TIGACS - Traditional Intelligence Gathering in Absence of Critical Systems.
TIGACS states that:
In the absence of critical data gathering systems, reconnaissance personnel shall, by means of and to the extent that direct observation is possible, identify and familiarize themselves with those major events, trends, states, innovations, conflicts, religions, and/or individuals which may bare civilizational implications of a sufficient magnitude to compel, deter, or otherwise inform forthcoming colonization efforts in any way.
*Said observation shall be henceforth understood to include,
... keep reading on reddit ➡Obviously, people have sued the various states (and feds) regarding Assault Weapons Bans. Sometimes these suits have gotten places, sometimes they haven't. I know many of them have been on the basis of infringing upon Second Amendment rights, most have been examined under intermediate scrutiny, and most have strangely been upheld under that standard even though the arguments for a ban are bullshit. But what if the argument tackles a different side?
On the ableism point, assault weapons bans are ableist. It favors the fit, and discriminates against the disabled, in contradiction to one of the main points of guns as a force multiplier. When you look at the banned features, the vast majority of them are ergonomic; pistol grips, vertical forward grips, barrel shrouds, etc. Because of the assault weapons ban, one is forced to choose between having one of these features or sacrificing their magazine removal-reload capabilities. These features may make a substantial difference especially to one who has limited physical strength or has a condition like arthritis where they may find holding something in a certain position increasingly uncomfortable. The law is telling them to pick between comfort/usability, and reloading speed, when they shouldn't have to sacrifice for either.
On the freedom of expression point, as per the ACLU, "First Amendment protection is not limited to "pure speech" -- books, newspapers, leaflets, and rallies. It also protects "symbolic speech" -- nonverbal expression whose purpose is to communicate ideas. In its 1969 decision in Tinker v. Des Moines, the Court recognized the right of public school students to wear black armbands in protest of the Vietnam War. In 1989 (Texas v. Johnson) and again in 1990 (U.S. v. Eichman), the Court struck down government bans on "flag desecration." Other examples of protected symbolic speech include works of art, T-shirt slogans, political buttons, music lyrics and theatrical performances." Obviously there are questions here; what does the appearance of a gun communicate to others? Yet I don't think they would hold up a law prohibiting red painted cars, or an ugly house merely because one disagreed with the style. The same argument can be made regarding the arguably cosmetic features of firearms. If one wishes to convey a theme with how their firearm looks, or wishes to create a usable artistic piece out of it, who has the right to stop them?
Obviously courts have historically been less than friendly to
... keep reading on reddit ➡https://www.calguns.net/calgunforum/attachment.php?attachmentid=925453&d=1597418883
9th just ruled in favor of large capacity magazines. Expect an immediate appeal for an En Banc hearing.
>Together with their sister subspecies Bos taurus, zebu cattle (Bos indicus) have contributed to important socioeconomic changes that have shaped modern civilizations. Zebu cattle were domesticated in the Indus Valley 8000 years before present (YBP). From the domestication site, they expanded to Africa, East Asia, southwestern Asia and Europe between 4000 and 1300 YBP, intercrossing with B. taurus to form clinal variations of zebu ancestry across the landmass of Afro‐Eurasia. In the past 150 years, zebu cattle reached the Americas and Oceania, where they have contributed to the prosperity of emerging economies. The zebu genome is characterized by two mitochondrial haplogroups (I1 and I2), one Y chromosome haplogroup (Y3) and three major autosomal ancestral groups (Indian‐Pakistani, African and Chinese). Phenotypically, zebu animals are recognized by their hump, large ears and excess skin. They are rustic, resilient to parasites and capable of bearing the hot and humid climates of the tropics.
>According to data from the Food and Agriculture Organization of the United Nations (2019) approximately 1.48 billion cattle are reared worldwide, and over half of this population is concentrated in only eight countries (Fig. 1). Brazil currently tops the list with the largest cattle herds in the world, having 218 million head of cattle and a cow‐to‐person ratio of approximately 1. Following closely is India, with a herd of 186 million animals. Importantly, the vast majority of the cattle found in these two countries are either B. indicus or carry substantial zebu ancestry. To illustrate the magnitude of that figure, the global buffalo population is estimated at no more than 200 million. Therefore, there are twice as many zebu cattle in Brazil and India alone as buffaloes in the whole world. This datum highlights the importance of the B. indicus subspecies, and justifies this review article's interest in the population genomics and evolutionary history of zebu cattle.
>The Indus Valley was the domestication site of B. indicus cattle about 8000 YBP (Loftus et al. 1994; Meadow 1996; Bradley et al. 1998; Patel 2009) (Fig. 3).
Zebu is perhaps the most common animal on Indus seals & figurines next only to unicorn leading many historians to conclude that Zebu cattle were worshipped by IVC like worship of Nandi baba today.
>**Although B. indicus cattle are not prevalent in modern‐day Europe, molecular data show a clinal variation of zebu intro
... keep reading on reddit ➡The funeral director was asking us what we think Mum should wear in her casket.
Mum always loved to wear sarongs (fabric wraps that go around the torso and drape downward a bit like a long skirt would), so my uncle suggested that she wear a sarong in there.
The funeral director looked a bit confused, as did some of our family members, to which my uncle added:
"What's sarong with that?"
I started laughing like an idiot. He was proud of it too. The funeral director was rather shocked. We assured her, and our more proper relatives, that Mum would've absolutely loved the joke (which is very true).
His delivery was perfect. I'll never forget the risk he took. We sometimes recall the moment as a way help cushion the blows of the grieving process.
--Edit-- I appreciate the condolences. I'm doing well and the worst is behind me and my family. But thanks :)
--Edit-- Massive thanks for all the awards and kind words. And the puns! Love 'em.
I would have a daughter
Capital of Ireland
It's Dublin everyday
http://m.imgur.com/ImM3RWz
#Good morning traders and investors of the r/stocks sub! Welcome to Thursday! Here are your pre-market stock movers & news on this Thursday, March 25th, 2021-
5 things to know before the stock market opens Thursday
> # 1. Stock futures turn lower after Fed chief Powell comments
> * U.S. stock futures turned lower Thursday after Federal Reserve Chairman Jerome Powell told NPR’s “Morning Edition” that Covid economic stimulus and vaccinations allowed the U.S. economy to recover faster than expected and that central bankers, at some point, may be able to pull back emergency support.
> * Late-day selling reversed gains and dragged the S&P 500 down 0.6% on Wednesday. The Dow Jones Industrial Average dipped lower in the final seconds of Wednesday’s session. The Nasdaq dropped 2% after a slightly higher open gave way to a day of selling. Tech stocks were lower despite the 10-year Treasury yield holding below recent a 14-month high as a market rotation out of high-flying growth names continued. The Nasdaq last closed at a record last month. The Dow and S&P 500 last closed at record highs last week.
> * The Labor Department is set to report its weekly look at jobless claims at 8:30 a.m. ET, one hour before the stock market opens. Economists expect 735,000 new filings for unemployment benefits last week. That would be down 35,000 from the prior week, which saw an unexpected jump even as many states relaxed Covid mitigation restrictions on businesses.
> # 2. AstraZeneca revises Covid vaccine data with lower efficacy rate
> * AstraZeneca late Wednesday issued updated Covid vaccine numbers from its late-stage trial in the U.S. and Latin America after U.S. health officials earlier this week questioned the accuracy of preliminary data. The U.K.-based drug giant now said its vaccine is 76% effective in protecting against symptomatic cases of virus. A release issued on Monday reported an efficacy rate of 79%. AstraZeneca reiterated its two-shot regimen was “well tolerated” among participants and no safety concerns were identified.
> # 3. Biden to hold first news conference of presidency
> * The White House announced Thursday that it’s dedicating another $10 billion to try to drive up vaccination rates in low-income, minority and rural communities. More than 25% of the entire U.S. population receiv
... keep reading on reddit ➡But Bill kept the Windows
True story; it even happened last night. My 5-year-old son walks up behind me and out of the blue says, "hey."
I turn to him and say, "yeah, kiddo? What's up?"
He responds, "it's dead grass."
I'm really confused and trying to figure out what's wrong and what he wants from me. "What? There's dead grass? What's wrong with that?"
.
.
.
He says, totally straight-faced, "hay is dead grass," and runs off.
You officially hit rock bottom
And then you will all be sorry.
Now it’s syncing.
He replied, "Well, stop going to those places then!"
#Good morning traders and investors of the r/smallstreetbets sub! Welcome to Thursday! Here are your pre-market stock movers & news on this Thursday, March 25th, 2021-
5 things to know before the stock market opens Thursday
> # 1. Stock futures turn lower after Fed chief Powell comments
> * U.S. stock futures turned lower Thursday after Federal Reserve Chairman Jerome Powell told NPR’s “Morning Edition” that Covid economic stimulus and vaccinations allowed the U.S. economy to recover faster than expected and that central bankers, at some point, may be able to pull back emergency support.
> * Late-day selling reversed gains and dragged the S&P 500 down 0.6% on Wednesday. The Dow Jones Industrial Average dipped lower in the final seconds of Wednesday’s session. The Nasdaq dropped 2% after a slightly higher open gave way to a day of selling. Tech stocks were lower despite the 10-year Treasury yield holding below recent a 14-month high as a market rotation out of high-flying growth names continued. The Nasdaq last closed at a record last month. The Dow and S&P 500 last closed at record highs last week.
> * The Labor Department is set to report its weekly look at jobless claims at 8:30 a.m. ET, one hour before the stock market opens. Economists expect 735,000 new filings for unemployment benefits last week. That would be down 35,000 from the prior week, which saw an unexpected jump even as many states relaxed Covid mitigation restrictions on businesses.
> # 2. AstraZeneca revises Covid vaccine data with lower efficacy rate
> * AstraZeneca late Wednesday issued updated Covid vaccine numbers from its late-stage trial in the U.S. and Latin America after U.S. health officials earlier this week questioned the accuracy of preliminary data. The U.K.-based drug giant now said its vaccine is 76% effective in protecting against symptomatic cases of virus. A release issued on Monday reported an efficacy rate of 79%. AstraZeneca reiterated its two-shot regimen was “well tolerated” among participants and no safety concerns were identified.
> # 3. Biden to hold first news conference of presidency
> * The White House announced Thursday that it’s dedicating another $10 billion to try to drive up vaccination rates in low-income, minority and rural communities. More than 25% of the entire U.S. populati
... keep reading on reddit ➡