Major Second and First Amendment cases headline November sitting

Major Second and First Amendment cases headline November sitting

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With just over a year to go until the 2024 presidential elections, the shadow of former President Donald Trump – who is once again the frontrunner for the Republican presidential nomination – hovers over three of the seven cases in the court’s November argument session, which begins on Oct. 30. Trump once asked the justices to take up the same question that they will now consider in two cases on Oct. 31, involving liability for public officials who block … Read the rest

Supreme Court refuses to reinstate Missouri Second Amendment law

Supreme Court refuses to reinstate Missouri Second Amendment law

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The Supreme Court on Friday refused a request by Missouri to reinstate a state law that bars police officers from enforcing federal restrictions on the sale and ownership of firearms that the state believes violate the Second Amendment. A federal judge ruled earlier this year that the state law is itself unconstitutional and blocked the state from enforcing the law. In an unsigned order on Friday, the justices left that decision in place while the state’s appeal continues in … Read the rest

Arthrex seeks second Supreme Court intervention in patent clash

Arthrex seeks second Supreme Court intervention in patent clash

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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.

Two years ago, the court ruled that medical device maker Arthrex, Inc., was wronged when the government made a final decision on a dispute over one of its patents by a panel of internally appointed officials. The justices held that the Constitution requires reviewability by a more senior patent officer … Read the rest

Res Judicata Bars Second Suit in E.D. La., Notwithstanding “New” Claim

Today we ponder “do-overs,” a timely topic as the House of Representatives struggles, over and over, to elect a speaker.  As we write, the seventh unsuccessful vote has just concluded.  We have learned that the record stands at 22 votes before the beleaguered candidate finally prevailed.  This was in 1820, as John W. Taylor, an outspoken abolitionist, ran against a pro-slavery opponent for the seat vacated by Henry Clay, who resigned after shepherding the Missouri Compromise to victory.  All kinds … Read the rest

Incriminating statement in New York shooting reaches the court for a second time

Incriminating statement in New York shooting reaches the court for a second time

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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.

The Sixth Amendment gives anyone standing trial the right “to be confronted with the witnesses against” them. In January, the justices held that a New York court violated the confrontation clause when it upheld a homicide conviction although the jury had heard an incriminating statement from a co-defendant who did … Read the rest

Second chance to evaluate ban on encouraging unlawful immigration

Second chance to evaluate ban on encouraging unlawful immigration

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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.

Two years ago, in United States v. Sineneng-Smith, the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. The court’s unanimous but procedural ruling dodged the larger question … 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