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
Category: Constitutional Law
E Pluribus Unum, So Come On In!
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!
The 9th Circuit Invalidates California’s Restrictive Concealed Carry Laws
Note: I am not licensed to practice law in California. This article is merely for news and commentary purposes. The 9th Circuit in a 2-1 decision earlier today invalidated California's extremely restrictive concealed carry regulatory system. This system allows a great deal of leeway to individual counties and areas that issue permits. In this specific … Continue reading The 9th Circuit Invalidates California’s Restrictive Concealed Carry Laws
Supreme Court Hears Massachusetts Free Speech Case
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
Big Brother Goes to Court…
The federal courts have begun to weigh in on the NSA surveillance techniques exposed by Edward Snowden and Glenn Greenwald. As with many instances of unsettled Constitutional law, the courts are split. The DC District Court found that the bulk collection of telephony metadata was "probably unconstitutional" and so granted Larry Klayman's request for a … Continue reading Big Brother Goes to Court…
U.S. Supreme Court Oral Argument
We recently reported that Prince Law Offices, P.C., had filed a brief in the U.S. Supreme Court in a case raising significant questions about the constitutionality of President Obama's putative recess appointments. The Court has now scheduled oral argument in National Labor Relations Board v. Noel Canning, No. 12-1281, for January 13, 2014. The Solicitor … Continue reading U.S. Supreme Court Oral Argument
Voting While Carrying a Firearm in PA – It’s Legal!
To the surprise of most residents of Pennsylvania, it is lawful, generally speaking, to carry a firearm while voting; after all, it's a political statement, protected under the First and Second Amendment. During the last election cycle, I wrote about this issue: Can You Vote While Carrying a Firearm in PA? Since that article, more and … Continue reading Voting While Carrying a Firearm in PA – It’s Legal!
Religious Freedom Scores a Victory in the D.C. Circuit: Gilardi v. HHS and the Free Exercise of Religion
On November 1, the D.C. Circuit held that the Affordable Care Act’s [ACA] contraceptive mandate “trammels the right of free exercise – a right that lies at the core of our constitutional liberties . . .” The case – Gilardi v. U.S. Dep’t of H.H.S. - was brought by two brothers from Ohio, Francis and … Continue reading Religious Freedom Scores a Victory in the D.C. Circuit: Gilardi v. HHS and the Free Exercise of Religion
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