A Quick Analysis of the Court’s Opinions in McDonald

I have made it through the opinion of the Court, so far. I think it’s a very strong opinion. Stronger than Heller. The Court did not address standard of review, but for a right that is fundamental, that standard has traditionally been strict scrutiny.

Before people get too excited, a lot of gun laws are going to be upheld even by strict scrutiny. Heller has already acknowledged that that government has an interest in keeping guns out of the hands of criminals, so there will be laws that will be permissible with that in mind. But strict scrutiny is a high standard, and there is much law that will fail to stand up to it. Will that be what the lower courts use? We shall see. But they can no longer hide from the fact that the Second Amendment, through the 14th Amendment, protects a fundamental right guaranteed to all Americans.