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Originally Posted by Baron1710
The 15th was the right to vote regardless of race, that just gave Congress power to create legislation to enforce that right.
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Right and that was a typo. I meant the 14th.
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What the 9th Cir. says is only persuasive authority for the other Circuits not mandatory. Circuits are often split on how the interpret laws. Then the Supreme Court at some point accepts cert and then they all have to follow the SC precedent. But one Circuit cannot bind another Circuit
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Thanks for the explanation. What answer would there be if the SCOTUS says that the
government cannot infringe upon a fundamental right except when necessary to promote a compelling governmental interest that cannot be achieved by less restrictive means.
It sounds as though most of the liberals would back their opinion with - it's not a "fundamental" state right - haven't ruled it 100% across the board in all courts."
I suppose we would not want to infringe on states to make their own laws. Back and forth..... *sigh*
I do like what Ken Blackwell said, regardless:
"Second Amendment supporters will now be up in arms over this radical anti-Second Amendment nominee, and you should never underestimate the political power of American gun owners."
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