Category: Case Analysis
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DHS v D.V.D.
You know you done f’ed up when Kagan is siding with the conservative side of the court. I voted to deny the Government’s previous stay application in this case, and I continue to believe that this Court should not have stayed the District Court’s April 18 order enjoining the Government from deporting non-citizens to third…
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Trump v. CASA, Inc 606 U.S. ____(2025) No. 24A884
“Well, bless your heart.” “Even the gun nuts want assault weapons bans, they keep telling me ‘come and take it’” “May you live in interesting times.” All of these sound polite yet are not. They have meaning that is decades or even centuries old. “Bless your heart” is a southern way of politely saying, “you…
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Nguyen v. Bonta, No. 24-2035, Doc. 54 (9th Cir.)
(Feature Image is Raymond M. DiGuiseppe, who argued the case before the Ninth Circuit merits panel) This was a big case with all the big names involved. We had Chuck Michel and Anna Barvir from Michel & Associates PC. If there is a Second Amendment case happening in California, they are likely to be there.…
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Smith & Wesson Brands, Inc v. Estados Unidos Mexicanos 23-1141
Prohibition on bringing of qualified civil liability actions in Federal or State court In general A qualified civil liability action may not be brought in any Federal or State court. Dismissal of pending actions A qualified civil liability action that is pending on October 26, 2005, shall be immediately dismissed by the court in which…
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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…