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Posts Tagged Supreme Court
CDC Director Disputes Sotomayor’s Covid Claims
From NTD:
Centers for Disease Control and Prevention (CDC) Director Rochelle Walenksy disputed Supreme Court Justice Sonia Sotomayor’s claim that 100,000 children are hospitalized or seriously ill with COVID-19 during arguments last week.
During an interview with “Fox News Sunday,†Walensky confirmed there are about 3,500 children in the hospital and who tested positive for COVID-19, the disease caused by the CCP (Chinese Communist Party) virus.
Restitution Should Be A Remedy For Unconstitutional Prosecutions
From The Truth About Guns:
An individual should not be punished for noncompliance with an unconstitutional law. If they were unjustly punished, then they deserve restitution. So far, only a few people have applied for restitution in DC. There is a larger class action lawsuit that needs to be filed against the district.
Interview with Sharone Mitchell Jr. of the Cook County Public Defenders on NY Gun Case
From Slate’s What Next podcast:
Public Defenders Join With Gun Rights Activists
From Slate:
Mitchell is one of a number of public defenders who’ve sided with Second Amendment activists on this case. They argue that restrictive licensing, combined with a police force that is eager to charge Black and brown people with weapons possession, adds up to mass incarceration, and that loosening gun restrictions might right a tremendous wrong. On a recent episode of What Next, I spoke to Mitchell about why he opposes laws criminalizing gun possession, how he thinks about his right-wing allies in this case, and what he believes government should be doing to stop gun violence. Our conversation has been condensed and edited for clarity.
The 14th Amendment And Gun Laws
From The Federalist:
On its face, this law clearly violates the spirit of the Second Amendment. Conservatives arguing to overturn it, however, find themselves in the awkward position of arguing against long-standing conservative principles like constitutional federalism and state sovereignty. Implicitly, in this case, the argument for gun rights relies on a century of progressive precedent known as the “incorporation doctrine.â€
Activist courts have used this legal theory to impose left-wing policies top-down onto the states. Conservatives are right to insist on a consistent standard; if the Constitution means no school prayer in Kansas, then it also means the right to carry a gun in New York City.
Left Prefers Feelings Over Science On Guns
From The Federalist:
Whenever states have eliminated “proper cause†requirements, gun-control advocates have predicted disaster, with blood-in-the-streets and irresponsible behavior by permit holders. But in state after state, concealed handgun permit holders have proved them wrong by being extremely law-abiding. Indeed, none of the right-to-carry states have even held a legislative hearing, let alone held a vote, to move back to requiring “proper cause.â€
Six Takeaways From The NY Gun Case
From The Federalist:
While New York conceded the Second Amendment applies beyond one’s threshold, Solicitor General Barbara Underwood quickly forgot that the Bill of Rights protects rights—it doesn’t define privileges. For instance, in discussing the regulation of firearms outside the home, Underwood started to say that “these regulations are all an effort to accommodate the right,†but then backtracked, saying the regulations seek to “respect the right of self-defense.â€
The slip of the tongue was telling, however: It means New York state doesn’t truly view the Second Amendment right to keep and bear arms as a right, but as a privilege it will accommodate — when governmental officials deem it appropriate.
The Effect Of Dread Scott On The New York Gun Case
From The Federalist:
Dred Scott has several implications for the Bruen case. First, it affirms that the Second Amendment right to bear arms is a normal individual right, like the other individual rights listed in the case, such as free exercise of religion, freedom of speech and of the press, jury trial, and so on.
Dred Scott refutes the notion that bans on bearing arms were the norm in the United States (or in any State). According to Dred Scott, American citizens have always had the right “to keep and carry arms wherever they wentâ€â€”so recognizing blacks as citizens would mean recognizing their right to bear arms.
We The People Podcast Discusses SCOTUS NY Gun Case
From The National Constitution Center:
On this week’s episode, host Jeffrey Rosen is joined by two legal scholars who filed briefs on opposing sides of the case—Judge J. Michael Luttig who filed in support of Bruen, and David Kopel who filed in support of the New York State Rifle and Pistol Association. They detail the arguments they made in their briefs as well as what’s at stake in this case, and debate how to interpret the text, history, and meaning of the Second Amendment in light of whether the Court should uphold the New York law.
New York’s Gun Restrictions Are Modern Jim Crow
From Reason:
Next week the Supreme Court will consider a challenge to a New York law similar to the Alabama statute that empowered local officials like Butler to decide who could exercise the constitutional right to bear arms. The briefs urging the Court to overturn New York’s statute include several from African-American organizations that emphasize the long black tradition of armed self-defense, the racist roots of gun control laws, and their disproportionate impact on racial and ethnic minorities.
NY Right To Carry Law Heads To Supreme Court in Nov
From Bearing Arms:
Mark your calendars for Wednesday, November 3rd. That’s when the Supreme Court will hear oral arguments in a supremely important case dealing with the right to keep and bear arms. The nine justices will hear from New York Attorney General Letitia James, who’ll be defending that state’s restrictive and subjective “may issue†laws regarding concealed carry permits, as well as former Solicitor General Paul Clement, who’s representing the New York State Rifle & Pistol Association and several of its members who’ve been denied a carry license from the issuing authorities in their home counties.
Gun Rights Groups File Amicus Briefs In NY Carry Case
From Ammoland:
Two national gun rights organizations—the Second Amendment Foundation and its grassroots sibling, the Citizens Committee for the Right to Keep and Bear Arms—have filed separate amicus briefs to the U.S. Supreme Court in support of a challenge of New York State’s ultra-restrictive carry laws by the New York State Rifle & Pistol Association (NYSRPA)