Today, I will examine the 2nd Circuit’s creation of a second-class version of intermediate scrutiny for the Second Amendment.
In particular, the 2nd Circuit deviated from normal intermediate scrutiny in two major ways: First, the 2nd Circuit did not consider less restrictive alternatives. While normal intermediate scrutiny does not require the “least” restrictive alternative, it does require consideration of alternatives that burden substantially less of the right.
Read the complete article: The Washington Post