Category: Cases

  • Chevron is dead, long live Loper

    Just what is ? Chevron is the case where the Supreme Court found that the courts, both the Supreme and the inferior courts, should defer to “permissible” agency interpretations of statutes those agencies administer.. The Chevron doctrine was another two-step framework. 1) Did Congress directly address the precise question, and was the congressional intent clear?…

  • Rahimi Fallout

    There was a reason that the DoJ wanted Rahimi before the Supreme Court. The facts in his case were bad facts. Bad facts lead to bad law. The first thing to note about the Rahimi opinion, is that it is an “as applied”. This means the opinion only counts for Rahimi. The decision does not…

  • PICA motion for Certiorari pending(?)

    The Harrel v. Raoul case is one of the many challenges to the Illinois PICA act. It is grouped with other PICA challenges. For the last 6 Fridays, the case has been distributed for Conference. On the following Monday, the Supreme Court issues their orders. For 6 weeks, the case has been redistributed for Conference…

  • Justice Jackson

    I’ve noticed that she likes to write her own little pieces. Almost as if she wanted the attention. One of my favorite Jackson statements was something similar to “that would make it too hard for the government.” This case tests our Second Amendment jurisprudence as shaped in particular by New York State Rifle & Pistol…

  • Rahimi, Justice Thomas Dissenting

    This opinion is 103 pages long with the court’s opinion, delivered by Chief Justice Roberts joined by Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson. Sotomayor wrote a concurring opinion, Kagan joined in that concurrence. Gorsuch wrote a concurrence. Kavanaugh wrote a concurrence. Barrett wrote a concurrence. Jackson blathered some words, pretending to agree. And…

  • Rahimi

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    Short of it, Chief Justice Roberts wrote the opinion of the court.  It seems very narrowly crafted.  It is not a loss for the Second Amendment Community. Held: When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual  may be temporarily disarmed consistent…