“… But everyone agrees the question properly before the court was not whether the judge agreed with the ban. It was instead whether the ban could pass muster under the relevant New York precedent…”
“… But everyone agrees the question properly before the court was not whether the judge agreed with the ban. It was instead whether the ban could pass muster under the relevant New York precedent…”
Given the extreme nature of the New York regulation, I would think it would fall under “strict scrutiny.” Judges are supposed to leave legislation to legislators — until the legislators forget the base law.