Category: Legal
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OMG! They killed an innocent man!
This story showed up in my feeds. I took note of it because, of course, they blamed the death of this poor black man on the conservative Supreme Court justices. The three liberals, would have granted the stay, but the six justices that insist on following the law did not. So what is the actual…
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…this Nation’s historical tradition of firearm regulation
Creating rules for anything, a game, a business, the interaction between parties, there can be negative rules, or there can be positive rules. You can have a set of negative rules. You cannot touch the ball with your hands. This is a rule in soccer. What was the original intention? We don’t know. What we…
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Listen to Justice Thomas
In the best of worlds, the courts would work to enforce the laws as they were meant. We wouldn’t have judges and justices that are so goal-driven that their wants forces a predetermined outcome. The state passes a bad law. The People file a suit challenging the law. They request a temporary injunction, a preliminary…
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Circuit Judge Lawrence VanDyke
“What would you do if you were stuck in one place and every day was exactly the same, and nothing that you did mattered?” In the Ninth Circuit, if a panel upholds a party’s Second Amendment rights, it follows automatically that the case will be taken en banc. This case bends to that law. I…
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U.S.A. v. Jackson
One of the hard things to accept is that so many inferior courts think that when a case is vacated and remanded, it isn’t for good reason. The courts speak in polite ways. You don’t call out a judge for being an idiot. No matter how often they open their mouth to remove all doubt.…
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The Fourth Circuit Be Clowns Itself, Again
An interesting thing is happening within the circuit courts, those judges who are tired of seeing the majority rubber stamp any infringement a state wants, are speaking out. They are taking their lead from Thomas, Van Dyke and others who have spoken up to shed light on just how badly these rogue judges are behaving.…
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Good Lawyers Aren’t Cheap. Cheap Lawyers Aren’t Good.
I grew up in an innocent age of TV and movies. The heroes were the guys in the blue uniforms and the white hats. The lawyers were evil men working for evil criminals, or they were good men doing good deeds. The press was there to expose the truth, to give us the facts. The…
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Lawfare, Part n+1
B.L.U.F. Mexico sued S&W and other manufacturers. They claim that but for those evil gun makers, the cartels would not have guns. The district court said, “PLCAA applies. Get the out of my courtroom”. Mexico appealed, the First Circuit says the case can go on. The price of your firearms just went up, again. (1400…
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United States v. Ayala, (M.D. Fla.) A Big Win
How does this case affect anybody else? It doesn’t. This is an as applied challenge to the 18 U.S.C. §930(a), possessing a firearm in a Federal Facility. Mr. Emmanuel Ayala was a truck driver hauling mail for the U.S. Postal Service. He had a concealed carry permit from the state of Florida. It appears he…
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Why May v. Bonta is a big deal
B.L.U.F. The babblings of a not lawyer about just how good a weekend order from the Ninth Circuit was for The People. (1500 words) There is a name that should be familiar to us, but which is not, Federal Judge Jack Weinstein. He sat on the Eastern District of New York district court from 1967…