Did you ever imagine that a question about air pollution could end up changing the way governments work? That may be exactly what happened with the Supreme Court’s opinion in West Virginia v. Environmental Protection Agency. What started as a question of whether or not the EPA’s plan to reduce carbon-dioxide emissions from the electric grid was constitutional turned into a statement about the limits of discretion granted to executive agencies.
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Can a state arbitrarily decide whether or not you get to exercise a right protected by the Constitution of the United States? That is the question in the case New York State Rifle and Pistol Association (NYSRPA) v. Bruen, Superintendent of the New York State Police. New York State is a “may issue” state, meaning that you did not get your carry license even if you met all of the legal requirements, you had to show you had a “good cause” to carry a firearm in public. But self-defense was not considered “good cause” by the New York courts. You had to show you had a special need for self-defense, greater than the general public. Does that sound like infringement on your right to keep and bear arms to you?
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After almost 50 years, a landmark decision of the Supreme Court has been overturned. Will it be remembered with other decisions like Dred Scott or Plessy v. Ferguson? Only time will tell. After all of the furor when a draft of the opinion was leaked, we finally get a chance to review that actual opinion in Dobbs v. Jackson Women’s Health in its final form.
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There’s a saying in many training communities, “The body will not go where the mind has not already been.” Another one you may have heard is the Five “P’s”, Proper Preparation Prevents Poor Performance. The idea is simple; if you do not prepare beforehand for a given situation, you will not be prepared when it happens. But what happens when government preparations move from proper to totalitarian?
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There are certain Supreme Court cases that are infamous, either for their import or their error. Miranda, Roe v. Wade, and Obergefell are just a few. Two of these cases are known simply as Dred Scot and Koramatsu. These cases are not only examples of when the courts get things wrong, but of our nature to treat others as less than human.
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As children, we receive protection of our rights through our parents. But have you ever considered at what age you receive protections for your rights directly? Is it the same for all rights, or are there different ages when you receive protections for different rights?
The case Jones v. Bonta asked the question, when do you receive protections for your right to keep and bear arms. The answer out of the Ninth Circuit Court of Appeals may surprise you.
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