Category: Cases
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Alec Baldwin Gets Away with Murder?
Alec Baldwin’s case was dismissed with prejudice. What does this mean, IANAL view point Alec Baldwin was charged with involuntary manslaughter after he shot and killed his cinematographer, Halyna Hutchins. The relevant facts: Alec Baldwin was holding a real gun. Alec Baldwin pointed the gun at a person. Alec Baldwin cocked the gun (pulled the…
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Case Dismissed, They Miss Trump, Again
There were several cases GVRed at the end of June. This is one of the methods the Supreme Court uses to communicate with the inferior courts. What they are doing is telling the inferior courts, all of them, that this opinion we issued, applies to these sorts of cases. The Loper Bright case was the…
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When the Court is tired of the state’s BS
In August 2022, Thomas and Diane Lamarco filed suit in the eastern district of New York. This is a different challenge to §922(g). If you read §922(g), or you are familiar with from 4473, you know there is a long list of people that are prohibited from possessing firearms. We are currently arguing about the…
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The GVRs
What is a GVR? The process for an appeal is to request that a case be heard. When the superior court Grants that appeal, the case is moved to a final opinion. One of the possible outcomes is that the inferior court’s opinion is Vacated. When an inferior court’s opinion is vacated, the superior court…
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Harrel v. Raoul, Denial of Certiorari
The State of Illinois enacted a law that makes it a felony to possess what Illinois branded “assault weapons,” a term defined to include AR–15s. See Ill. Comp. Stat., ch. 720, §5/24–1.9(a)(1)(J)(ii)(II) (West 2023). “The AR–15 is the most popular semi-automatic rifle” in America and is therefore undeniably “in common use today.” Heller v. District…
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Immunity for official acts
JUSTICE SOTOMAYOR has thoroughly addressed the Court’s flawed reasoning and conclusion as a matter of history, tradition, law, and logic. I agree with every word of her powerful dissent. I write separately to explain, as succinctly as I can, the theoretical nuts and bolts of what, exactly, the majority has done today to alter the…
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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?…
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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…
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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…
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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…