(11-14-2022 02:12 PM)Hambone10 Wrote: Quote:I think a denial of 2nd amendment rights to a group if their last name starts with the letters A-L is just as bad as a denial of gun ownership because they are of Chinese heritage. They both discriminate against groups, and the status of one group as a protected class and one is not has zero import into the fundamental fact that the act is a discriminatory denial of a fundamental right to a group.
Except that isn't what would happen... the A-L ban. What would more likely happen is that people would vote for laws that made sense to them... and for someone in NYC or LA, having a gun capable of putting down a bear at 200 yards in one shot or hitting a pack of wolves at 50 yards with consistentcy and stopping power wouldn't make sense... but putting down a lone invader in a narrow apartment or home hallway would, so long as the bullet couldn't go through the sheetrock walls. A law banning high caliber weapons would therefore also arguably be discriminatory, based on geography/proximity.... but that's not a protected class so it could happen
I understand you'd like to believe that a court would ultimately strike down ANY such law, but I think you'd be wrong in that belief. THIS court might not, but one that Joe Biden and company might put in place absolutely would.
Ham, you went off about the interconnected and to you fundamental core that the difference was 'a protected group'. Im not saying an 'A-L' ban is what would happen -- I am making a fundamentally non-protected group as an example.
Instead, you change it to something else. You have moved the goalposts.
Your comments before tied the actions of denying the fundamental right of voting *to* the existence of the Jim Crow being directed at 'protected groups'. That was your distinction and the issue of importance.
I am taking *your* thesis and examining the converse -- the application to a non-protected group being discriminated against. Not a functional discrimination on the operating chaarcteristics of shells or firearms.
The issue that you brought up was that the comparison of the Pennsylvania action to Jim Crow. You specifically tied that to a requirement that a protected group had to be involved.
That is balderdash.
My comment above is the comparison of the denial of a different, yet as important, fundamental right with and without the presence of a 'protected group' as you seemingly think is the crux of importance.
Now you take that very simple translation of protected class and try to mangle it into another issue entirely.
Please stick with the 1:1 issue I present above, not retransform it.
Again, you have repeatedly and consistently said that the issue is not the denial of a fundamental right, but the denial of fundamental right to a protected class.
I have demonstrated a hypothetical of another fundamental right being denied based on the issue of a non-protected class, and that same right being denied based on the issue of a protected class. Your choice is to to mangle the issue and ignore that.
No -- the issue of denying a vote to a black, because they are black is not fundamentally different for denying a vote to a mail voter for a non-material reason. The issues are the same -- denying a fundamental right, no matter what the group classification they may occupy.
There is no fundamental difference between denying a black the ability to vote because of race and denying *anyone* who is some non-germane and non-material classification the ability to vote because of that non-germane and non-material classification.
There is a difference in how the courts approach the two acts of discrimination, but it is dependent on the act and the group.
If the act discriminates a protected class *or* impacts a fundamental right, the court uses one of two forms of heightened scrutiny. Regardless of the classification. Black, white, last name starts with 'L', bowlegged people, fat people... Whether a protected class or not has almost zero to do with the analysis of a denial of that right.
If the discriminatory act does not impact a fundamental right, the court then looks to whether there is a protected class at issue. If it is a protected class, that invokes a heightened level of scrutiny. If not, a lower.
Voting *is* a fundamental right. Your invocation of the concept of a protected class has nothing to do with an issue that deals with a denial of that fundamental right. Your argument that it has to involve a racial classification is just wrong.