Is The 2A A Second Class Right?

"The Solicitor General's brief also takes a bizarre turn. While the Solicitor General calls for "strict scrutiny" for gun laws in general, he calls on the Supreme Court to apply only "intermediate scrutiny" as it determines Heller vs. DC. The Solicitor General also argues that the Second Amendment is not a "fundamental" right. So what the Solicitor General seems to be saying is that, well, sure, the Second Amendment calls for individual rights, and those rights should be afforded "strict scrutiny" most of the time, but the administration does not believe that gun rights are "fundamental" rights, and so, therefore, Your Honor, you don't need to be too strict in your decision-making process in this case.

"In fact, we don't think you should really decide this case, but you should send it back down to the Circuit Court for more study, and while they are at it, tell them they only need to use "intermediate scrutiny."

Read the entire analysis from Enter Stage Right, here.