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by Lazare 2484 days ago
That's very different from saying "to restrict a right it must be effective". Many effective laws have been struck down as not narrowly tailored. And very often narrow tailoring will hamper the effectiveness.
1 comments

> That's very different from saying "to restrict a right it must be effective".

No, it says exactly that.

It is very different than saying “If a law restricting a right is effective, it is Constitutional”, which is not the same as “to restrict a right, it must be effective” (one states a sufficient condition, the other a necessary one.) Nevertheless,being effective is a relevant differentiator between one proposed restriction and another that explains why they might be seen differently Constitutionally, as while a law which is effective at serving some government interest may be unconstitutional, one which is not is almost by definition is not narrowly tailored to serve a compelling government interest.