From the News
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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438 – Legal firearm possession as probable cause
Encountering law enforcement can be a nerve wracking situation, even if you’ve done nothing wrong. Imagine you’ve been pulled over to safely deal with something in your vehicle, then have a police officer pull up behind you. Nothing to worry about, right? You’ve done nothing wrong. Then imagine, after providing your drivers license, you’re pulled…
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435 – Rights Denied by Standing
The First Amendment protects our right to petition the federal government for a redress of grievance. But what happens when said federal government tells you that you don’t have the right to petition? Because that’s exactly what happened when the Supreme Court decided the case Murthy v. Missouri.
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433 – Administrative Law Goes to Court
Seeking redress of our grievances is an important right, protected by the First Amendment. Can the federal government deprive you of due process as a condition of seeking redress? While not talked about in that way, that’s pretty much what the case SEC v. Jarkesy is all about. After assessing George Jarksey J. civil penalties for violations of antifraud provisions, the SEC attempted to deny him of his right to a trial by jury. Could this be a start of reforms of unconstitutional administrative law courts?
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431 – Presidential Immunity
When the delegates to the Constitutional Convention debated the role of the chief executive, many expected George Washington to become our first king. Between Mr. Washington’s humility, and the delegates recent experience with a king, they decided we’d be better off with a President rather than a king. With the recent case of Trump v. United States, many have asked, have we turned the office of President into the office of king?
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430 – Biology at the District Court
Rarely does a single sentence so completely crystalize the situation as the first line of the court order in Tennessee v. Cardona. The case involves the attempts by the Biden Administration to rewrite Title IX’s protections of women in education and their access to competitive sports. The single sentence? “There are two sexes: male and female.” That one sentence is the foundation of Judge Reeves’ injunction against the United States Department of Education’s attempt to ignore biology, rewrite law, and set back women’s rights by decades.
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