to all states, it triggers what s called the strict scrutiny test, which requires states and cities to show what s called a compelling interest. it s a very high standard, it s the same standard that applies to free speech. and you know how hard it is to restrict free speech in many direct conflicts. so a lot of these laws are going to go down under that standard. but alito in his opinion goes out of his way to his credit to say, look, not all laws are going to be unconstitutional. we recognize laws dealing with the mentally ill and for schools and those types of restrictions are likely to be preserved. the problem is they really don t give much in terms of a standard for lower courts. i speak to judges around the country all the time, and this is the type of opinion that sends them into orbit. it is a time of thing that says you guys figure it out. and there s one case we ll be watching in the ninth circuit. and in front of the court of appeals and could be in front of the supreme cou
to go down under that standard. but alito in his opinion goes out of his way to his credit to say, look, not all laws are going to be unconstitutional. we recognize laws dealing with the mentally ill and for schools and those types of restrictions are likely to be preserved. the problem is they really don t give much in terms of a standard for lower courts. i speak to judges around the country all the time, and this is the type of opinion that sends them into orbit. it is a type of thing that says you guys figure it out. and there s one case we ll be watching called nordike in the ninth circuit and in front of the court of appeals and could be in front of the supreme court and in front of justice kagan in a relatively short time. the dissent and the majority opinion probably could not have been at further extremes in this. the dissent concluded that the decision was wrong in the first place protected a federal right to some federal right that everybody has to buy a gun. but it also s
admired by the right-wing justice, throwing in her volunteer work for michael dukakis, her well publicized decision as dean to uphold harvard law school s anti-gay policies, until the ban was ruled to have jeopardized the entire university s federal funding. and even potentially scandals of the clinton white house for which she worked in the late 90s. there was, as well, spirited debate over which party s judges are more activists. democrats hammering the roberts court decision and then on due decades of precedent letting corporations pour endless money into political campaigns. but the day was defined by a stunning and apparently coordinated attack on kagan s association with and admiration for a giant of american history. most of the republican judiciary members mentioning in some what disparaing terms. former supreme court justice thurgood marshall, the first black person to serve on the supreme court, the first black person to serve as solicitor general.
it s a very high standard, it s the same standard that applies to free speech. and you know how hard it is to restrict free speech in many direct conflicts. so a lot of these laws are going to go down under that standard. but alito in his opinion goes out of his way to his credit to say, look, not all laws are going to be unconstitutional. we recognize laws dealing with the mentally ill and for schools and those types of restrictions are likely to be preserved. the problem is they really don t give much in terms of a standard for lower courts. i speak to judges around the country all the time, and this is the type of opinion that sends them into orbit. it is a time of thing that says you guys figure it out. and there s one case we ll be watching in the ninth circuit. and in front of the court of appeals and could be in front of the supreme court and in front of a possible justice kagan. and relatively short time. the dissent and the majority
justice, throwing in her volunteer work for michael dukakis, her well publicized decision as dean to uphold harvard law school s anti-gay policies, until the ban was ruled to have jeopardized the entire university s federal funding. and even potentially scandals of the clinton white house for which she worked in the late 90s. there was, as well, spirited debate over which party s judges are more activists. democrats hammering the roberts court decision and then on due decades of precedent letting corporations pour endless money into political campaigns. but the day was defined by a stunning and apparently coordinated attack on kagan s association with and admiration for a giant of american history. most of the republican judiciary members mentioning in some what disparaging terms. former supreme court justice thurgood marshall, the first black person to serve on the supreme court, the first black person to serve as solicitor general. most of the times he argued