Bauer v. Becerra’s Empirical Analysis
858 F.3d 1216 · 2017
Citation profile
2 federal appellate ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 42 U.S.C. § 1988
Relies on District of Columbia v. Heller · Murdock v. Commonwealth of Pennsylvania · Cox v. State of New Hampshire · Ezell v. City of Chicago · United States v. Marzzarella
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Guided by this understanding, our test for the appropriate level, of scrutiny amounts to ‘a sliding scale.’ A law that imposes such a severe restriction on the fundamental right of self defense of the home that it amounts to a destruction of the Second Amendment right is unconstitutional under any level of scrutiny. Further down the scale, a law that implicates the core of the Second Amendment right - and severely burdens that right warrants strict scrutiny. Otherwise, intermediate scrutiny is appropriate.”
2 later decisions quote this exact passage“Because Heller did not specify a particular level of scrutiny for all Second Amendment challenges, courts determine the appropriate level by considering '(1) how close the challenged law comes to the core of the Second Amendment right, and (2) the severity of the law's burden on that right.'”
1 later decision quote this exact passage“does not 'severely burden' or even meaningfully impact the core of the Second Amendment right, ... intermediate scrutiny is ... appropriate.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.