Category: Case Analysis
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A.A.R.P. v Trump, the follow up
In sum, literally in the middle of the night, the Court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order. I…
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A.A.R.P. v Donald J. Trump
Big news early Saturday morning, the Supreme Court “ordered Trump administration not to deport Venezuelans under Alien Enemies Act for now” — NPC News. Or did they? There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter…
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Antonyuk v. James 24-795 U.S.
This case has had a long and torturous journey. We are not at the end of its travels. Yesterday, the Supreme Court denied cert in this case. There was no statement issued in relation to this case. Just “cert is denied” That might sound like a horrible loss, it is not. This case has not…
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Department of Education v. California
The games people play… Consider the following, a plaintiff comes to the district court with a challenge and a request for a summary judgment. The court looks at the filings by the plaintiff, agrees the plaintiff is in the right. The court grants the summary judgment. At that instant, the defendants will appeal to the…
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Mahmoud Khalil v. William P. Joyce, 25-cv-01935, (S.D.N.Y.)
This is an interesting and challenging case, for me. This is a Constitutional challenge to Mahmoud being detained and then deported. His claim is that this is a violation of his First and Fifth Amendment protected rights. Because it is a violation of his rights, the court should grant him relief. Mahmoud is an Arab…
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Hudson v. District of Columbia
This is the type of case we want the Supreme Court to slap down. The district judge’s analysis is based on a twisted view of Heller as affirmed by Bruen. In Heller, the Court said that weapons that are most useful in military service, or at least that’s how the district court quoted it. It…
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Gray v. Jennings, No. 24-309
The trifecta of pro-Second Amendment cases In the 60s, I can remember wrapping Christmas presents and then going to the Greyhound bus terminal with my mother. There, she would pay to have a box shipped to the Midwest. This had to be done weeks in advance. My relatives would go down to the bus station…
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Snope v. Brown
This might be the most important case regarding the Second Amendment since Heller. Kolbe v. Hogan This case started when the Fourth Circuit Court issued their opinion in Kolbe v. Hogan. Fourteen judges sat, en banc to hear a challenge to Maryland’s “assault weapon ban”. Only four of the judges found that the Second Amendment…
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Christopher L. Wilson v. Hawaii
In 2017, Mr. Wilson was arrested for trespass. When searched, it was discovered he had a firearm on him. He did not have a license to carry. His case was heard in the lower courts of Hawaii, later it was appealed to the Supreme Court of Hawaii. There, the court found that because he had…
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Hunter v. Cortland Housing Authority, 2A win
If you want to see a case take years and years, it goes something like this: The plaintiffs file a suit and request a Temporary Restraining Order to enjoin the defendants while the court hears briefings and arguments for a Preliminary Injunction. If the losing party wishes, they can appeal to the circuit court. This…