Interesting brief ... just filed , so the case is a relatively new one before this court. hard to say anything based on a reply brief
All these "scrutiny" examinations ... like a right has different levels of being a right ... I would like to see someone get these "scrutiny" examinations flushed down the toilet myself as would many jurists..not all lawyers and judges buy into these legal ideas of different levels of scrutiny.
Anyone have the original complaint of the appellants and the appellee response brief that they can post?