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Judge Says Supreme Court's Gun Ruling Doesn't Demystify 2nd Amendment Test

"Bruen has proven to be a labyrinth for lower courts, including our own, with only the one-dimensional history-and-tradition test as a compass," wrote Chief Judge Albert Diaz of the U.S. Court of Appeals for the Fourth Circuit, adding that Rahimi has provided "little" clarity.
5 minute read

National Law Journal

4th Circuit Upholds Maryland Assault Weapons Ban in Split Ruling

"Our friends in dissent would rule the Maryland statute unconstitutional," Judge J. Harvie Wilkinson III wrote for the court. "They would go so far as to uphold a facial challenge to the enactment, meaning that there is no conceivable weapon, no matter how dangerous, to which the Act's proscriptions can validly be applied."
5 minute read

The Legal Intelligencer

Pa. Appeals Court Shuts Down Bid for Clarity Amid 'Mallory' Uncertainty

Defendant Syngenta Crop Protection had urged the Superior Court to permit its appeal, arguing that there was an "urgent need for clarity concerning the constitutional and jurisdictional questions left in Mallory's wake."
4 minute read

New York Law Journal

NY Photographer's Revived Suit on Working Same-Sex Weddings Could Signal Incoming Wave of Litigation

Buffalo First Amendment lawyer Barry Covert said a recent U.S. Supreme Court ruling "has opened up the floodgates" to more arguments against public accommodation laws.
6 minute read

National Law Journal

Should Courts Use Sister Circuit Consensus in Police Immunity Analysis? 2 Judges Say Yes

"The robust consensus doctrine would open up the door a little bit to plaintiffs whose rights have been violated [by law enforcement] being able to get some sort of recovery," said UNC School of Law professor Andrew Hessick.
5 minute read

National Law Journal

Supreme Court's July Petitioners Include Mark Meadows, Michael Cohen

Former President Donald Trump's White House chief of staff and longtime personal attorney bring appeals to the justices.
12 minute read

New York Law Journal

NY Appeals Court to Decide on '21 Election Law Removal of Court Review From Ballot Challenges

Appeal is based on a trial court judge's reinstatement of judicial reviews, in the event that partisan local boards of elections deadlock on whether challenged absentee, military, special and affidavit ballots should be canvassed.
4 minute read

The Legal Intelligencer

Where Have We Gone?: The US Supreme Court and the President

What course of action exists to address the actions of an executive who fails to follow our laws and employs "intrigues of ambitions," which aspire to tyranny and threaten the existence of government in the name of democracy?
7 minute read

Connecticut Law Tribune

Citizen Defeats Police's Qualified Immunity Defense

"We never thought there was a serious argument that qualified immunity applies here, and we're very glad the court agreed with us," the ACLU's Dan Barrett said. "We're very pleased that we already have victory in hand for two of the three counts and that there's no qualified immunity."
4 minute read

National Law Journal

Justice Kagan Emerges as the Supreme Court's Unflinching Critic

At a time when the court's approval rating has sagged to near-historic lows, Elena Kagan has appeared sympathetic to progressive and Democratic critics who see the current court as driven by a conservative agenda.
6 minute read

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