From the News
455 – United States v. Skrmetti – Oral Arguments
The transgender agenda has been moving fast the last few years. That said, several states recently have moved to slow their progress, especially among our young people. One state, Tennessee, is being sued by the federal government. Oral arguments were heard by the Supreme Court in November. What the question regarded a restraining order preventing the state from enforcing the law, a lot of time was spent on the primary question of the lawsuit, does the Tennessee law violate the Equal Protection Clause of the Fourteenth Amendment?
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449 – When is a Gun a Gun?
I cannot count how many times I’ve said it, but words mean things. It’s one of the reasons I keep referring back to documents to see the actual words used so I can find their definitions. In the case Garland v. VanDerStok, the issue seems to come down not just to what the definition of…
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448 – San Francisco v. EPA – Oral Arguments
How much pollution is too much? We all want clean air and water, but we still want to drive our cars and flush our toilets as well. The question in San Francisco v. EPA is how specific does the EPA need to be when it tells cities how much waste they can discharge into our…
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444 – Bootstrapping or Malicious Prosecution
How far can law enforcement go when it comes to arresting someone? For example, say police have probable cause to charge you with a misdemeanor, how far can they “bootstrap” that charge to something more serious? That appears to be the question in the case Chiaverini v. City Of Napoleon, Ohio. While dealing with a misdemeanor situation, Mr. Chiaverini was subsequently was charged not only with that, but a felony. One little problem, the police had no probable cause for the felony.
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443 – Blowing Holes in the Fifth Amendment
Everyone knows we have a right to remain silent, correct? What if I told you that in 2013 the Supreme Court upheld a decision basically stating that is not true. That you only have the right to remain silent if you verbally claim the right in the first place, otherwise, according to SCOTUS, your silence can be used against you. Let’s take a look at this case and some of the history behind this violation of yout rights.
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442 – Interstate Firearm Possession
Can Massachusetts prosecute out-of-staters who can legally carry in their home state? That was the question before Massachusetts courts in two cases. Needless to say, when these courts agreed with the plaintiffs, the Commonwealth disagreed, appealing the cases the the Massachusetts Supreme Judicial Court. While we wait for the court to decide the case, let’s look at the originating cases and the Commonwealth’s argument.
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441 – Constitutionality of OSHA
Was the Occupational Safety and Health Administration properly created? Was the grant of authority Congress gave the agency constitutional and valid, or did Congress create an overpowered agency, to micromanage businesses throughout the United States. That is the question in the case Allstates Refractory Contractors, LLC v. Julie A. Su, Acting Secretary of Labor, et.al. Sadly, the Supreme Court decided not to year the case, even if Justice Gorsuch would have and Justice Thomas wrote a dissent.
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440 – The Myth of the Military Style Assault Weapon
There are plenty of myths that revolve around the Second Amendment. It’s only meant for the militia, or for hunting, or some weapons are just too dangerous are just of few. When we read the Constitution, along with just a tiny bit of research into the Bill of Rights, these myths should evaporate like morning mist. However, in the case Bianchi v. Brown, it appears the Fourth Circuit believes the myths. However, some unorthodox procedures may show the court manipulated the process to get the outcome they desired.
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