Under intermediate scrutiny, the government need not establish a close fit between the statute’s means and its end, but it must at least establish a reasonable fit. The government has done almost nothing to discharge this burden. Instead, it has premised its argument almost entirely on Heller’s reference to the presumptive validity of felon-dispossession laws and reasoned by analogy that § 922(g)(9) therefore passes constitutional muster. That’s not enough. Accordingly, we vacate Skoien’s conviction and remand to the district court for further proceedings consistent with this opinion. [More]So does that mean if they come back with a different incantation next time their gun ban magic will work again?
I guess this is a good thing, as far as an incremental step goes. But can you imagine explaining this close/reasonable fit and intermediate scrutiny business--as it applies to national government authority to restrict possession of arms--to an anti-Federalist?
[Via Andre C]