Videos tagged with Scrutiny Levels

Professor Mark Smith, a constitutional attorney and member of the Supreme Court Bar, debunks the notion of a two-part test for Second Amendment analysis post-Bruin. He clarifies that the Bruin decision eliminated the problematic 'interest balancing' or 'tiers of scrutiny' second step, which allowed judges to weigh government interests against constitutional rights. The current methodology, as established in Heller and reaffirmed in Bruin, focuses on the plain text of the Second Amendment and the historical analogue approach, shifting the burden to the government to prove historical justification for firearm regulations.