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Posts Tagged Supreme Court
FPC Tells Supreme Court Chevron Deference Is Unconstitutional
From Ammoland:
“Chevron violates Article III by transferring from the judiciary to the executive the ultimate interpretative authority to say what the law is,” argues the brief. “It violates Article I by incentivizing Congress to abdicate its legislative duties and delegate legislative authority to the executive. As a result, Chevron accumulates legislative, executive, and judicial powers in a single branch of government—which the Founders considered the very definition of tyranny.”
Supreme Court May Take Case That Could Overturn Jan 6 Convictions
From PJ Media:
The law in question sentences a guilty party to up to 20 years in prison for anyone who “corruptly alters, destroys, mutilates, or conceals a record, document,” or “otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.” Lang is questioning whether the Sarbanes-Oxley statute fits the behavior of hundreds of rioters.
Sarbanes-Oxley was passed in response to financial malfeasance in the 2002 bankruptcies of telecom giant Worldcom and Enron, an energy company based in Houston. Lang argues that the obstruction defined in Sarbanes-Oxley bears no relationship to the violence that occurred on January 6, 2021.
Supreme Court Takes Restraining Order Case
From Ammoland:
The Supreme Court, on the last day available this session, June 30, 2023, agreed to hear a Second Amendment case, United States v. Rahimi.
This is not good news for Second Amendment supporters, but it is also not terrible news. It signals a willingness in the Court to tolerate some Biden administration resistance to recognizing Second Amendment rights as put forward in the Bruen decision last year.
Supreme Court To Hear Case On Domestic Violence Offenders’ Gun Rights
From Bearing Arms:
In its last conference before heading out for summer recess, the Supreme Court granted cert to U.S. v. Rahimi on Friday; setting up a fight over the scope of the Court’s history, text, and tradition test spelled out in last year’s Bruen decision.
Slate Begrudgingly Admits Felons Should Have Gun Rights
Like a growing number of public defenders, liberal judges like Freeman, Ambro, Greenaway, and Montgomery-Reeves may think that the Second Amendment can be repurposed as a weapon against over-policing and mass incarceration. If upheld by the Supreme Court, Range will certainly be a boon to the criminal defense bar, as well as a source of immense confusion for prosecutors. The majority’s standard is extraordinarily vague: It acknowledges that some people may be disarmed for committing a felony, but a person “like Range” could not. How can judges tell when someone falls on Range’s side of the line?
Hunter Biden Lawyers Make Pro 2A Defense
From The Truth About Guns:
If by some remote chance Biden-the-younger is actually charged by the Justice Department (don’t hold your breath), tens of millions of users of marijuana in states where it’s been legalized will have Hunter F-ing Biden arguing that under Bruen, the federal law banning gun sales and ownership by drug users is unconstitutional.
Biden’s lawyers aren’t stupid. They’ve surveyed the legal landscape and know that’s the direction things are going since the Supreme Court’s decision was handed down.
Rare Unanimous Supreme Court Decision Supports Individual Rights
Vox Concerned About Gun Rights Winning
From Vox:
The Supreme Court could hand down a decision any day now in National Association for Gun Rights v. City of Naperville, a case that could legalize assault weapons and high-capacity magazines in all 50 states.
The case challenges a Naperville, Illinois, ordinance and a similar Illinois state law, both of which ban assault weapons, which the state law defines to include certain semiautomatic rifles such as AR-15s and AK-47s. Additionally, the state law prohibits the sale of a “large capacity ammunition feeding device,” which the statute defines as long gun magazines that hold more than 10 rounds of ammunition, or handgun magazines that hold more than 15 bullets.
Supreme Court Dismisses Gun Cases
From Bearing Arms:
For the third time this year the Supreme Court has rejected a case dealing with the ATF’s administratively imposed ban on bump stocks, denying cert in a challenge to the ban brought by a group of federally licensed firearm retailers and several individuals who argued that the ban was an unconstitutional violation of the Fifth Amendment’s Takings Clause by forcing existing bump stock owners to destroy them without any kind of compensation on the part of the federal government.
The Ebb and Flow Of Rights
From Open Source Defense:
That might seem foreseeable. Because sure, backlashes are a thing, you’d expect resistance to faithfully implementing Bruen. What’s less predictable is Bruen would be an active step backwards for gun carriers in some states. The law got better but the reality got worse.
Weird. How does that happen?
The Fight Against Gun Bans Heats Up
From Bearing Arms:
This is one of four cases that the Supreme Court sent back to lower courts after issuing its decision in New York State Rifle & Pistol Association v. Bruen, and the only one of the four that deals with a ban on so-called assault weapons. The Fourth Circuit maintains that the state’s ban is perfectly in line with the Constitution because, in the court’s view, AR-15s and other semi-automatic long guns are “like” machine guns, and therefore aren’t protected by the Second Amendment.
NYT Shocked Public Defenders Support Second Amendment
From Reason:
A group of public defense lawyer organizations recently joined forces with Second Amendment advocates to urge the U.S. Supreme Court to invalidate a New York gun control scheme. Now that the scheme has been successfully overturned in New York State Rifle & Pistol Association v. Bruen, which held that the Second Amendment includes the right “to carry a handgun for self-defense outside the home,” public defenders have begun citing the Court’s ruling to protect the rights of their clients.
This state of affairs has left some New York Times journalists scratching their heads in surprise. As a recent Times headline put it: “Unlikely Fans of Supreme Court Ruling on Guns: Public Defenders.” The accompanying article describes the Black Attorneys of Legal Aid, the Bronx Defenders, and other groups as “unexpected” allies of the gun rights movement.
What Will Be The Next Gun Law Struck Down
From The Federalist:
The Supreme Court’s landmark decision in New York State Rifle & Pistol Association v. Bruen did a lot more than just strike down New York state’s concealed carry law. It changed the legal landscape for gun laws across the country. With that change, many gun control laws are now on life support. But the real question is — which ones are doomed?
Bruen Could Be The Beginning of Striking Down Gun Laws
From The Truth About Guns:
In winning this case in front of SCOTUS, “may issue” laws — laws under which states and municipalities have entirely subjective rules under which they may or may not issue concealed carry permits — have been deemed unconstitutional. This opens up the door for going after unfair, subjective, and otherwise not equally-applied gun control laws all across the country.
The Bruen Case Is Exposing The Left’s Racism
From The LA Times:
But the governor and lawmakers could fail in their efforts, and the Supreme Court’s ruling could stand. And then, California could be forced to confront a reality that has long made many self-proclaimed liberals uncomfortable: Black people — potentially a lot of us — legally carrying guns in public.