re: #119 EPR-radar

There is only one ‘if’ there — replacing rational basis with strict scrutiny. Thomas is actually correct when he says that using rational basis is what SCOTUS does when they don’t want to take a constitutional right seriously.

The reason the court is doing this is that Heller has to be caged with rational basis review to prevent a total disaster. But get enough Heritage foundation judges on the court and that bit of reason will be history.

There are quite a few ifs between Clarence Thomas musings and settled law. Legislation, signing and lower court review to name the pertinent ones.

“Thomas is actually correct when he says that using rational basis is what SCOTUS does when they don’t want to take a constitutional right seriously.”

I just don’t understand this point. Not parsing right maybe.