Hearings were held today by the Senate Judiciary Committee in relation to Senate Joint Resolution 19. Introduced last June, the Resolution proposes amending the Constitution to reverse recent First Amendment rulings by the United States Supreme Court, particularly the controversial Citizens United and McCutcheon cases. The proposed amendment would expressly authorize Congress “to regulate the … Continue reading Hearings Held on SJ Resolution 19 to Limit First Amendment Rights
Washington, D.C. and Dick Heller are back in the news. In a ruling yesterday (May 15), District Court Judge James Boasberg found that D.C.’s firearms registration statutes were in compliance with the Second Amendment. In a 62-page memoranda, the Court found that the laws were not overly burdensome. While I won't parse the decision here, … Continue reading Heller loses to DC, for now
In yet another ill-thought-out, post-Sandy Hook measure, the New Jersey Senate voted 22-17 (a pure party line vote) to pass a bill that would criminalize possession of magazines capable of holding more than 10 rounds. "As legislators we vowed to do our part because we were so shocked and heartbroken by" Sandy Hook. So the … Continue reading New Jersey Trying to Ban “High Capacity” Magazines
By Allen Thompson, Esq. On Monday, the United States Supreme Court declined to hear Drake v. Jerejian, a challenge to New Jersey's carry permit regimen. For more information on the case and the issues involved, see our previous blog article: "Case to Watch: Drake v. Jerejian."
By Allen Thompson, Esq. In a close case, Navarette v. California, 572 U.S. (2014), the Supreme Court of the United States ruled 5-4 today that an anonymous 911 call may serve as the sole basis for a lawful investigative stop, even where responding police officers cannot confirm the material facts of … Continue reading Drivers Beware: Unconfirmed Anonymous Tips Now OK For Traffic Stop Basis
By Allen Thompson, Esq. Today, the Supreme Court of the United States struck down the limitations on the total amount of money an individual can contribute to the entire political process. McCutcheon v. FEC, 572 U.S. (2014), concerned the aggregate contributions an individual can make to all political candidates within a specified amount of time. The … Continue reading Supreme Court Rejects Limits on Total Political Contributions
By Allen Thompson, Esq. UPDATE: The Supreme Court, on Monday, denied the petition, declining to accept the case for review. No opinion was issued as to the denial. UPDATE: The case has been distributed for today's conference. UPDATE: The docket now reflects that Respondents have timely filed their response. The Supreme Court of the United States … Continue reading Case to Watch: Drake v. Jerejian
By Allen Thompson, Esq. UPDATE: Justice Kennedy has denied the requested injunction, according to SCOTUSblog. UPDATE: The City of Sunnyvale responded before the 3 pm deadline, arguing that the residents had not met their burden required to enjoin enforcement during the pendency of the appeal. Read the Response here. Several residents of Sunnyvale, California, have … Continue reading California Gun-Owners Seek Relief at U.S. Supreme Court
The Supreme Court of the United States yesterday issued its opinion in Fernandez v. California. The case dealt with the ability of police to search the premises of a person when he or she is not home, but someone else who shares the premises is. By way of background, the Court’s precedent does not require … Continue reading E Pluribus Unum, So Come On In!
Yesterday, the Supreme Court of the United States heard oral argument in McCullen v. Coakley, a free speech case challenging Massachusetts’ law restricting the discussion of abortion on public sidewalks within 35 feet of an abortion clinic entrance. While the vehicles for free speech cases tend to be controversial topics, this discussion is limited to … Continue reading Supreme Court Hears Massachusetts Free Speech Case