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FOUND: 2 - You Need To See This

Rahimi On Remand

"We read the Court's analysis in Rahimi to have modified Bruen in at least one relevant respect."

Reason

Fifth Circuit Won't Revisit Its Earlier Precedent Holding Illegal Aliens Lack Second Amendment Rights

From yesterday's decision in U.S. v. Medina-Cantu, by Judge Carolyn Dineen King and Kurt Engelhardt: In U.S. v. Portillo-Munoz (5th Cir. 2011), this court held that 18 U.S.C. § 922(g)(5), which prohibits an illegal alien from possessing a firearm or ammunition, is constitutional under the Second Amendment. In the present…

Reason

Second Amendment Roundup: 8th Circuit Rules for 18 to 20-Year-Olds

Court relies on Rahimi in support of liberalized gun carry permits.

Reason

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The DOJ Claims Medical Marijuana Patients Who Own Guns 'Endanger the Public in Multiple Ways'

Defending the federal ban on gun possession by drug users, the government's lawyers seem increasingly desperate.

Reason

Rahimi and NetChoice: Why Is The Facial Challenge Bar Lowered For The First Amendment and Not The Second Amendment?

The right to keep and bear arms remains a second-class right.

Reason

The Consequences and Craft of Trump v. United States

in the latest episode of Divided Argument

Reason

Supreme Court sidesteps gun law challenge that could impact Hunter Biden’s case

Supreme Court asked lower appeals courts to remand a case cited by Hunter Biden’s lawyers

The Independent UK

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Attention SCOTUS Shoppers: Clean up on Article III and there is a Blue-Light Special on the Second Amendment.

SCOTUS GVR's Range, sends Second Amendment to inferior court purgatory.

Reason

John Roberts: Federalist Revisionist and Judicial Supremacist

The Chief Justice retconned Federalist Nos. 37 and 78.

Reason

Six Points About Law and Equity in SEC v. Jarkesy

In SEC v. Jarkesy, Chief Justice Roberts offers the Court's latest opinion on the Seventh Amendment. Although most of the attention will rightly go to the public rights discussion, I want to briefly note and recap a few thing from the Court's Seventh Amendment primer, especially related to law and…

Reason

Second Amendment Roundup: Rahimi Preserves Bruen

The real dissents are the concurrences by Justices Sotomayor and Jackson.

Reason

Some Commentary From The Left On Rahimi

I find myself in agreement with Mike Dorf and Linda Greenhouse.

Reason

Has SCOTUS Replaced One Kind of Unbridled Discretion With Another in Second Amendment Cases?

Although critics say the Court’s current approach is unworkable, it has been undeniably effective at defeating constitutionally dubious gun regulations.

Reason

The Supreme Court Isn't As Radical as You Think

There is a great deal of panic surrounding the "extreme" nature of the current Court. But that is often not based in reality.

Reason

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Reason

Edited Version of Rahimi for the Barnett/Blackman Supplement

Read each of the opinions in only 33 pages.

Reason

Some Takeaways from Today's Rahimi Second Amendment Opinions

A few practical thoughts for future cases (all bold emphasis added): [1.] The Court solidly accepts (with only Justice Thomas dissenting) that "the Second Amendment permits the disarmament of individuals who pose a credible threat to the physical safety of others," at least after a judicial finding of such threat.…

Top News

Hunter Biden's Gun Conviction May Impact Supreme Court Appeal

Hunter Biden's gun conviction could impact a Supreme Court case on gun restrictions, potentially shaping future interpretations of federal gun laws.

Reason

Second Amendment Roundup: Just in Time for the Supreme Court to Consider in Rahimi

The Ninth Circuit invalidates the felon gun ban for non-violent offenses with no Founding-era analogues.

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WEKU

In today's gun rights cases, historians are in hot demand. Here's why

The Supreme Court has made history a central test of whether a gun control law is constitutional. That has meant a boom in demand for gun law historians, who are digging up forgotten old gun laws.

Reason

Second Amendment Roundup: Concessions by the Government in the Rahimi Oral Argument

Misdemeanants don’t fall within the “not law-abiding” category.

Reason

It's Not So Hard to Write an Opinion Following Bruen and Reversing in Rahimi

a contrary view to Josh's

Reason

Second Amendment Roundup: Judge Ho 2.0

If the government must “square corners” to protect illegal aliens and convicted criminals, Constitutional protections for Americans deserve consistent application.

Reason

A Reversal in Rahimi Will Be Tougher to Write Than Critics Admit

Courts are "not insensitive to domestic violence" but are "sensitive to the constitutional rights of the accused."

Reason

Rahimi, Meenie, Miney, Mo

Will Garland v. Range be the way to go?

Reason

Due Process Demands Stricter Standards for Restraining Orders That Negate Gun Rights

In an upcoming Supreme Court case, the Cato Institute argues that the "threadbare procedures" required by federal law provide inadequate protection for constitutional rights.

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