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Posts Tagged Supreme Court
Case Could Reign In Federal Bureaucracies
From Bearing Arms:
Recently, there has been a push from some quarters to reconsider Auer deference, Chevron deference, and other aspects of the modern administrative law state, and overturn them as being inherently unconstitutional; specifically, that such deference to bureaucratic decisions violates the required Separation of Powers.Â
Were that to happen, the current administrative state would be rocked to its core. While there have been some rumblings from Justice Thomas and others in this regard, there did not appear to be a majority on the Supreme Court interested in potentially unleashing this kind of political earthquake. (Scalia and Kennedy were, at best, squishy on the issue.)
SCOTUS Rejects Hearing California Gun Case
From CBS:
The Supreme Court is refusing a new invitation to rule on gun rights, leaving in place California restrictions on carrying concealed handguns in public.
The justices on Monday rejected an appeal from Sacramento residents who argued that they were unfairly denied permits to be armed in public.
Knife Case Going To Supreme Court
From Bearing Arms:
Knife Rights is going forward with an appeal to the Supreme Court of the United States of the Second Circuit’s decision in favor of New York City and District Attorney Cyrus Vance, Jr. in our long-running civil rights lawsuit over their persecution of pocket knife owners.
Second Amendment History
From National Review Online:
Stop me if you’ve heard this one before. In 1791, the Founding Fathers placed into the U.S. Constitution a set of ten amendments that we refer to collectively as the “Bill of Rights.†Among them was an innocuous measure designed to protect state militias against federal overreach. Until the 1970s, nobody believed that this meant anything important, or that it was relevant to modern American society. But then, inspired by profit and perfidy, the dastardly National Rifle Association recast the provision’s words and, sua sponte, brainwashed the American public into believing that they possessed an individual right to own firearms.
Hawaiian Gun Challenge May Get To Supreme Court
From Investing.com:
George Young is a Vietnam War veteran who sued the state of Hawaii three times on his own without a lawyer for the right to carry a handgun, and lost each time.
Alan Beck is an independent lawyer who took on Young’s appeal for free.
Last month, the duo won a major victory for gun rights when an appeals court found Hawaii’s restrictive handgun law unconstitutional, a ruling that could lead to a landmark decision from the U.S. Supreme Court on the right to bear arms in public. And they did so without the help of the powerful National Rifle Association (NRA) gun lobby.
SCOTUS Nominee On Second Amendment
From Reason:
No nominee to the U.S. Supreme Court has had such a detailed record on Second Amendment as does Brett Kavanaugh. His 2011 dissenting opinion in the case known as Heller II was consistent with his long-standing adherence to text, history, tradition, and Supreme Court precedent.
Supreme Court Continues To Ignore Second Amendment Cases
Posted by Brian in Law, News, Threat Watch on 2/Jul/2018 13:29
From Reason:
Ten years ago this week, the Supreme Court for the first time explicitly recognized that the Second Amendment protects an individual right to armed self-defense. Since then the Court has revisited the subject only twice, while it has heard about 45 cases involving the Fourth Amendment and about 60 involving the First.
Supreme Court Denies Another Gun Case
From Townhall:
The Supreme Court declined to hear a civil rights lawsuit brought about by the Calguns Foundation and the Second Amendment Foundation, reason reported. The two pro-gun groups decided to challenge Alameda County, California’s zoning laws that effectively ban gun stores, saying it violates county residents’ Second Amendment rights.
Heller Was The First Step In Repealing The Second Amendment
Posted by Brian in Law, News, Threat Watch on 13/May/2018 16:04
From The Federalist:
The Second Amendment was repealed, in effect, by Heller’s majority opinion. The opinion went beyond questions raised in the case and laid out a rationale by which Congress, states, and courts could ban the private possession of many offensive and defensive arms today and all such arms of the future.
Supreme Court Refuses To Grant 2A Rights Nationally
From Fox News:
In a stirring victory for those who live in the national’s capital, a panel of the District of Columbia Circuit Court of Appeals recently threw out a D.C. ordinance that denied concealed-carry permits to anyone who could not show a “special†need for self-defense, what is referred to as a “good reason†requirement. The problem is that other courts of appeal have upheld such restrictive laws and the U.S. Supreme Court has turned down appeals of those decisions, refusing to take up the issue of the Second Amendment’s application to carrying a weapon outside of the home.
This happened most recently at the very end of the Supreme Court’s 2017 term in June when it refused to take up Peruta v. California, an appeal of a decision of the Ninth Circuit upholding California’s good reason requirement.
Second Amendment Headed To Supremes In 2017
From Breitbart.com:
For the first time in U.S. history, a federal appeals court on Friday struck down a federal gun-control law for violating the Second Amendment, meaning that next year the Supreme Court will hear a case that includes the opportunity to abolish citizens’ right to bear arms by overruling the Court’s famous Heller precedent.
That means the Obama administration’s solicitor general will now petition the U.S. Supreme Court to grant certiorari to review this case. Under these rare circumstances, it is virtually 100 percent certain that the justices will grant review and hear the case.
Supreme Court Chips Away At Fourth Amendment
Posted by Brian in Law, News, Threat Watch on 24/Jun/2016 12:48
From Rare.us:
On Monday, SCOTUS continued this assault on the Fourth Amendment. It concluded that even when the government admits a stop was illegal, it can still use that evidence to prosecute you.
Under Heien, the cops only had to prove reasonable ignorance of the law: “I didn’t realize stopping this person was illegal, but I found this evidence, so we should use it.â€
Now, under Monday’s Utah v. Strieff, even that charade is no longer necessary. Police can simply say: “Yeah, that stop was illegal, but I found this evidence, so we should use it.â€
This is all the more reason for citizens to familiarize themselves with jury nullification. You can learn more about it from the Fully Informed Jury Association (FIJA).
SCOTUS Nominee Garland Not Fond Of Guns
From The Washington Times:
In one 2000 case, Judge Garland, who sits on the U.S. Circuit Court of Appeals for the District of Columbia, upheld a Clinton administrationeffort to store gun-buyers’ records.
 Later in the decade, he joined other judges in a failed bid to reconsider the landmark case that would eventually establish the Second Amendment’s protection of a personal right to bear arms.
SCOTUS Refuses To Hear Chicago Gun Ban Case
From Bloomberg:
A Highland Park resident and the Illinois State Rifle Association challenged the city’s 2013 law. They argued in their appeal that lower courts are engaging in “massive resistance” to the 2008 Supreme Court ruling that said the Constitution protects individual gun rights.
“In the seven years since that opinion was handed down, the lower courts have assiduously worked to sap it of any real meaning,” the appeal argued. “They have upheld severe restrictions on the right to keep and bear arms that would be unthinkable in the context of any other constitutional right.”
Supreme Court May Hear Gun Ban Case
Posted by Brian in Law, News, Threat Watch on 16/Oct/2015 07:00
From MSNBC:
If the court agrees to hear the case, it would cast a shadow over similar bans in seven states. But declining to take it up would boost efforts to impose such bans elsewhere, at a time of renewed interest in gun regulation after recent mass shootings.
Gun rights advocates are challenging a 2013 law passed in Highland Park, Illinois, that bans the sale, purchase, or possession of semi-automatic weapons that can hold more than 10 rounds in a single ammunition clip or magazine. In passing the law, city officials cited the 2012 shootings at Sandy Hook Elementary School in Connecticut and a movie theater in Aurora, Colorado.