Strict Scrutiny Applied in Ohio Drug Misdemeanor Case

Discussion in 'In the News' started by smn, Dec 9, 2010.

  1. smn

    smn Active Member

    4,106
    10
    38
    The Second Amendment and People with Nonviolent Drug Misdemeanor Convictions
    From Volokh.com:
    Tomas had been “convicted in 1991 of Attempted Trafficking of Marijuana, a first-degree misdemeanor.†The court applied strict scrutiny, and concluded:
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,017
    1,419
    113
    No real analysis of why he applied strict scrutiny, and therefore maybe not very useful to other litigants in Ohio. He just kind of threw everything out there with no reasoning or analysis. Too bad.
     

  3. kkennett

    kkennett New Member

    2,139
    0
    0
    And, it's only a state law claim. No relation to the Heller/McDonald line of cases.