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Sen. Kyl's Second Round of Questioning at Judge Sotomayor Confirmation Hearing

Is there no standard to -- I mean, we're familiar with strict scrutiny, the reasonable basis test, and so on. Is there a standard of which you're aware that the court would use to examine the state's right to impose such a restriction, given that the Second Amendment would be deemed not incorporated?

SOTOMAYOR: In Maloney, the court addressed whether there was a violation of the equal protection statute of -- equal protection of the 14th Amendment and determined that rational basis review. Now that I understand that you were asking about a standard...

KYL: Sure. I'm sorry. I didn't (inaudible)...

SOTOMAYOR: Of review that's...

KYL: Now, of the tests that the court applies traditionally, the rational basis is the least difficult of states to meet in justifying a regulation, is it not?

SOTOMAYOR: I'm not going to be difficult with you. It's the one where you don't need a -- an exact fit between the exact injury that you're seeking to remedy in the legislation...


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