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Posts Tagged Law
From The Washington Post:
There are questions, however, about Congress’s authority to pass the bill, which seems to stretch the limits of the commerce power and of the 14th Amendment’s enforcement power, as discussed in posts by Josh Blackman and Joseph Blocher, among others. But there may be another way.
In a letter sent today, Stephen Sachs, Randy Barnett and I argue that Congress should not rely on the commerce power but should instead rely on the Full Faith and Credit Clause.
At issue is language in the CFAA that makes it illegal to access a computer system “without authorization.” McKeown said that “without authorization” is “an unambiguous, non-technical term that, given its plain and ordinary meaning, means accessing a protected computer without permission.” The question that legal scholars, groups such as the Electronic Frontier Foundation, and dissenting judge Stephen Reinhardt ask is an important one: Authorization from who?
From Judge Richard Posner:
I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21stcentury. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today.
The Second Amendment provides that “the right of the people to keep and bear Arms, shall not be infringed.” In a seminal 2008 case, the Supreme Court held in District of Columbia v. Heller that the Second Amendment secures an individual right to keep and bear arms. On August 20, 2015, Chief Judge Diane Wood (a liberal appointee of Bill Clinton who was on Barack Obama’s short-list for the Supreme Court) wrote for a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit that the panel could “see no principled way to carve out the Second Amendment and say that [illegal aliens] are excluded” from exercising Second Amendment rights.
But a serious problem not receiving attention is the issue of law-abiding citizens being prosecuted for failing to realize an action or misdemeanor conviction years ago bars them from owning firearms under federal law.
Our government’s attempt to keep guns out of the hands of people with criminal, mental health and drug histories is a worthy goal.
In practice, however, the effort has led to an unfair and overly complicated federal government application to purchase firearms.
President Barack Obama has admitted that his failure to pass “common sense gun safety laws” in the US is the greatest frustration of his presidency.
In an interview with the BBC, Mr Obama said it was “distressing” not to have made progress on the issue “even in the face of repeated mass killings”.
From Buffalo News:
The Cuomo administration’s director of state operations, James Malatras, has signed a memorandum of understanding with State Senate Majority Leader John Flanagan to undo certain aspects of the New York SAFE Act gun control law, though the major changes affect provisions of the law that were never implemented and that pertain to ammunition sales.
Curiously, the memorandum of agreement does not contain the governor’s name, nor that of Assembly Speaker Carl Heastie. But State Senate Republicans said the effect of the memorandum signed by the State Senate and the Cuomo administration effectively blocks implementation of a couple of SAFE Act provisions.
From The New York Times:
Now, with a high-powered legal team behind it, Mr. Wilson’s company,Defense Distributed, a self-described “anti-monopolist digital publisher,” has filed suit against the State Department claiming that its efforts to stop him from publishing his instructions, which are no more than computer code, amount to a prior restraint on free speech. The 25-page suit, filed on Wednesday in Federal District Court in Austin, Tex., is an innovative and apparently unprecedented effort to use the First Amendment in support of the Second.
Wilson’s gun manufacturing advocacy group Defense Distributed, along with the gun rights group the Second Amendment Foundation, on Wednesday filed a lawsuit against the State Department and several of its officials, including Secretary of State John Kerry. In their complaint, they claim that a State Department agency called the Directorate of Defense Trade Controls (DDTC) violated their first amendment right to free speech by telling Defense Distributed that it couldn’t publish a 3-D printable file for its one-shot plastic pistol known as the Liberator, along with a collection of other printable gun parts, on its website.
Gov. Sam Brownback hopes that an increasingly firearm-friendly environment helps draw gun makers and jobs to the state.
During the last 18 months, the Brownback administration has been trying to lure gun makers to Kansas, urged on by conservative lawmakers who think that easing gun restrictions could make the state more attractive to manufacturers under legislative assault elsewhere.
From Military Arms Channel:
From The Wall Street Journal:
In the first legal ruling of its type, a federal appeals court in Cincinnati on Thursday deemed unconstitutional a federal law that kept a Michigan man who was briefly committed to a mental institution decades ago from owning a gun.
A three-judge panel of the Sixth U.S. Circuit Court of Appeals unanimously ruled that the federal ban on gun ownership for anyone who has been “adjudicated as a mental defective or who has been committed to a mental institution” violated the Second Amendment rights of Clifford Charles Tyler, a 73-year-old Hillsdale County man.
From the NSSF:
he U.S. Court of Appeals for the District of Columbia today upheld the dismissal of the latest lawsuit brought by anti-hunting groups petitioning the Environmental Protection Agency (EPA) to issue regulations banning traditional ammunition with lead components. The refusal by the EPA to consider the petition was challenged by the anti-hunting petitioners in federal court in 2013.
Traditional ammunition represents 95 percent of the U.S. market and is the staple ammunition for target shooters, hunters and law enforcement, with more than 14 billion rounds sold annually.
You can read the full decision here.
From Fox News:
Cynthia Garcia-Cisneros, an illegal immigrant, recently had her immigration case dismissed, despite the fact that she was convicted of two felonies for a hit-and-run that resulted in the tragic deaths of two young girls.
From Oregon Live:
KGW reports that U.S. Immigration and Customs Enforcement released the 19-year-old from custody on Aug. 14 after an immigration judge dismissed her case. The news station credited KXL radio as the first outlet to report on her release.
Ladies and Gentlemen the willfully ignorant Don Lemon:
I thought reporters are supposed to get the facts and report them.