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下面这段Kavanaugh的话说“text, history, and tradition”比strict scrutiny低啊：
https://reason.com/2018/07/09/ju ... e-second-amendment/
Indeed, governments appear to have more flexibility and power to impose gun regulations under a test based on text, history, and tradition than they would under strict scrutiny. After all, history and tradition show that a variety of gun regulations have co-existed with the Second Amendment right and are consistent with that right, as the Court said in Heller. By contrast, if courts applied strict scrutiny, then presumably very few gun regulations would be upheld. |
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发表于 2019-5-9 13:59
