Justices consider civil rights tester’s right to sue

Justices consider civil rights tester’s right to sue

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The Supreme Court on Wednesday heard oral argument in the case of a civil rights tester who searches the internet to find hotels whose websites do not provide information about the accessibility of their facilities, as required under the Americans with Disabilities Act. The owner of a Maine hotel argued that because the tester, Deborah Laufer, never intended to stay at the hotel, she does not have a legal right to bring a lawsuit. But after roughly 90 minutes … Read the rest

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

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The Supreme Court heard oral argument on Monday in the case of Louis Ciminelli, an executive convicted of federal wire fraud in connection with bid-rigging to secure a $ 750 million New York state contract. The trial court informed a federal jury regarding a “right to control” theory of fraud, and the jury convicted Ciminelli. At argument, Justice Neil Gorsuch remarked at the “radical agreement” among all that the right-to-control theory was flawed, but there was less consensus as … Read the rest

Justices asked to strengthen the right to earn a living

Justices asked to strengthen the right to earn a living

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Under longstanding constitutional law, most laws survive constitutional challenges so long as the government has a “rational basis” for enacting them. This week, we highlight cert petitions that ask the court to consider, among other things, whether rational basis is the correct standard of review for a law that affects … Read the rest

From constitutional orphan to treasured heirloom: The Second Amendment is no longer a second-class right

From constitutional orphan to treasured heirloom: The Second Amendment is no longer a second-class right

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This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Bruen.

Theresa Inacker, an attorney, is the New Jersey state director for The DC Project, a coalition of female gun owners dedicated to protecting and preserving Second Amendment rights.

After more than a decade of unsuccessful challenges post-Heller and McDonald, gun owners finally rejoice that the Second Amendment is no longer the “constitutional orphan” of the Supreme … Read the rest