It's Not So Hard to Write an Opinion Following Bruen and Reversing in Rahimi a contrary view to Josh's Reason · Nov 22, 2023
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 · Nov 22, 2023
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 · Nov 21, 2023
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. Reason · Nov 6, 2023
Second Amendment Roundup: A miscellany of errors in Justice Department's Rahimi reply The Government’s reply brief contains a host of mistakes, some quite elementary. Reason · Nov 2, 2023
Supreme Court Roundup: Not all History is Created Equal Bruen directs the proper approach to historical analogue laws in Rahimi. Reason · Nov 1, 2023
The Solicitor General's response to my amicus brief in Rahimi Only one federal firearms prohibitor does not require any specfic finding of fact Reason · Oct 31, 2023
Second Amendment Roundup: "Do as I Say, Not as You Ruled" Merrick Garland tells Supreme Court to apply his new, vague test, not Bruen decision. Reason · Oct 31, 2023
New Article: The General Law Right to Bear Arms with implications for the pending Supreme Court case of United States v. Rahimi Reason · Oct 31, 2023
Quakes killed thousands in Afghanistan. Critics say Taliban relief efforts fall short A series of devastating quakes has taken thousands of lives and left thousands more homeless. Aid specialists say the Taliban lacks the equipment and experience to help the survivors. WEKU · Oct 25, 2023
Here are some of the biggest Supreme Court cases to watch this term Justices will hear questions involving Donald Trump’s eligibility for office, abortion rights, gun ownership, the First Amendment and other major cases The Independent UK · Oct 17, 2023
Old gun controls that were constitutionally repealed are not precedents for modern gun control Amicus brief in Supreme Court's Second Amendment Rahimi case Reason · Oct 6, 2023
Second Amendment Roundup: Looking for Historical Tradition in All the Wrong Places The Government drops reference to the slave codes as a historical analogue in Rahimi. Reason · Aug 25, 2023
Reason · Aug 11, 2023 5th Circuit Says Prosecuting a Cannabis Consumer for Possessing Guns Violated the Second Amendment The decision casts further doubt on the constitutionality of a federal law that makes it a felony for illegal drug users to own firearms.
Reason · Aug 9, 2023 Fifth Circuit's Holds That People Who Use Marijuana Don't Lose Second Amendment Rights (At Least When Sober) Title 18 U.S.C. § 922(g)(3) bans gun possession by anyone "who is an unlawful user of or addicted to any controlled substance," including marijuana; the ban applies not just while a person is intoxicated, but also while the person is sober. Today's decision in U.S. v. Daniels, written by Judge…
Reason · Jul 11, 2023 New York Governor Submits Amicus Brief To Justice Kavanaugh In Rahimi "Across America, survivors of domestic abuse will now wait in fear to see whether Justice Kavanaugh..."
Reason · Jun 30, 2023 S. Ct. Will Review Whether Second Amendment Allows Disarming of People Subject to Civil Restraining Orders The Supreme Court just announced that it will consider this issue, in U.S. v. Rahimi; this is unsurprising, since the Court is generally inclined to review cases where a court held that a federal statute was unconstitutional, and where the federal government asks for review. Here's my post from February,…
Reason · Jun 12, 2023 Second Amendment Roundup: Third Circuit Rules Felon Ban Invalid as Applied Range would be the best § 922(g) case for the Supreme Court to resolve.
Reason · Jun 6, 2023 Third Circuit Holds That at Least Some Felons Retain Second Amendment Rights Today's en banc decision in Range v. Attorney General so concludes, in a majority opinion by Judge Hardiman, which got the votes of nine of the fifteen judges. The challenger in this case pleaded guilty in 1995 to making a false statement to obtain food stamps; because this was in…
Reason · May 30, 2023 Second Amendment Roundup: U.S. Seeking Cert on Prohibited Persons The Administration is hoping that bad facts will make bad law.
Reason · Mar 15, 2023 Second Amendment Roundup: Should the Fifth Circuit Reconsider Rahimi En Banc? The Fifth Circuit's decision in United States v. Rahimi, which held that the federal statute prohibiting possession of a firearm by a person subject to a domestic violence restraining order violates the Second Amendment, has managed to stay in the news for longer than most circuit court decisions. On March…
Reason · Mar 3, 2023 Judge James Ho's Revised Concurrence in the Second Amendment / Restraining Order Case Yesterday, the Fifth Circuit released an updated version of its opinion in U.S. v. Rahimi, which held that people can't be disarmed just based on a civil restraining order. The changes to the majority are comparatively minor, but Judge Ho used the release of the new opinion as an occasion…
Reason · Feb 3, 2023 Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order Judge James Ho concurs, adding "I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence, as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one…
Evening Standard · Jan 24, 2023 “Iranian women have always been brave”: How actress Zar Amir Ebrahimi is fighting back Having won Best Actress at Cannes for her role in Holy Spider, Iranian star Zar Amir Ebrahimi should be on top of the world. But she’s troubled by the events in her country of birth: about which she writes here