Cases

U.S. v. Hemani 24-1234

This is another Rahimi in the making. In Rahimi, The People didn’t lose, but our win was limited. Chief Justice Roberts wrote the opinion, leaving weasel words for the infringers to use against us.

The often quoted statement in the legal business is, “Bad facts make bad law.”

The Fact Pattern

From the indictment:

On or about August 3, 2022, in Denton County, in the Eastern District of Texas Ali Danial Hemani, defendant, knowing that he was an unlawful user of a controlled substance as defined in Title 21 United States Code, Section 802, did knowingly possess a firearm, that is, a Glock 19, 9mm pistol, bearing serial number BRWX640, said firearm having been shipped and transported in interstate and foreign commerce.

In violation of 18 U.S.C. § 922(g)(3) and 924(a)(8).
United States v. Hemani, 4:23-cr-00018, (E.D. Tex. Feb 08, 2023) ECF No. 1

This is it. He was arrested and charged under 18 U.S.C. §922(g)(3) because a search of his parents’ home found pot and a handgun in his possession.

The state explained the search this way:

In April and October of 2021, downloads of Hemani’s phone revealed that he was abusing controlled substances including promethazine. Specifically, in one conversation Hemani texted another individual and discussed the purchase and sale of bottles of promethazine from different suppliers. Hemani stated that he had three bottles to sell and needed clients in high end areas around Dallas. In another conversation, Hemani stated that he had purchased five bottles of promethazine and offered to sell one bottle for $120. He further stated that he had started “sipping” from his other source of supply and noted that “this shits too addicting” and “idk if I want to stop.” A search warrant executed on August 3, 2022 at the residence Hemani shared with his parents resulted in the location and seizure of cocaine, marijuana, and two firearms. One of the firearms. a Glock handgun registered to Hemani, was found in Hemani’s bedroom. Hemani confessed that he had purchased the 4.7 grams of cocaine that was found in his mother’s room three to four months earlier. He further admitted that he purchased cocaine one to two times a year and smoked marijuana every other day. He added that he kept a quarter ounce of marijuana in his car or hidden at home and that he purchased large quantities of drugs which he would split with his friends.

At the time of the search and at the time of his arrest, Hemani was not under the influence.
United States v. Hemani, 4:23-cr-00018, (E.D. Tex. Feb 23, 2023) ECF No. 18

It is important to note that promethazine is not a controlled substance. It is a prescription-only drug. IANAL, I have no idea how that relates to buying and selling controlled substances or things like cocaine.

It looks like his family were mild drug users. Cocaine and marijuana being their drugs of choice.

The statement “Hemani confessed that he had purchased the 4.7 grams of cocaine that was found…” may not be a fact in evidence. As far as I can tell, none of this statement has been determined to be factual, but, again, I am not a lawyer.

The state goes on to say that only “law-abiding” citizens are part of The People protected by the Second Amendment. This is a moronic take on Heller and Bruen. Rahimi had not been decided at the time of this filing. If Rahimi had been decided, the fact that Mr. Rahimi, a bad, bad man, was still considered to be part of The People protected by the Second Amendment would hold in this case.

Even though the state claims that Mr. Hemani is not a part of The People, they then say that the standard litany of “in the terror” and “while intoxicated” and other safety regulations are a match.

Here is the interesting thing: in the state’s entire section on meeting their burden of proving a match to this Nation’s historical tradition of firearm regulation, they did not cite a single firearm regulation. They didn’t cite a single regulation.

Instead they cited books of “expert” opinions. This does not count towards meeting their burden.

The Defense

Mr. Hemani filed a motion to dismiss the charges in an as-applied and facial challenge to §922(g)(3) as a violation of his Second Amendment protected rights. He also challenged under the Fifth Amendment on a vagueness claim.

The magistrate judge in the case heard the argument to dismiss and wrote a recommendation to the court.

The magistrate immediately finds that Mr. Hemani is part of The People. He is a U.S. Citizen who has resided in the U.S. his entire life.

This single finding shifts the burden to the state to prove that §922(g)(3) has a match in this Nation’s historical tradition of firearm regulation.

The magistrate continues, finding that intoxication laws are not sufficiently analogous to 18 U.S.C. §922(g)(3). He also rejects Reconstruction-era state laws as being too late in time.

It was interesting to me because these historical regulations were used in the Wolford case out of the Third Circuit. I used a less formal presentation to knock the same laws out of contention there as the magistrate does here.

In conclusion, the magistrate recommends that 18 U.S.C. §922(g)(3) be found unconstitutional after Bruen.

Later the district trial court granted Mr. Hemani’s motion to dismiss on the ground that 18 U.S.C. §922(g)(3) is unconstitutional as applied to Mr. Hemani.

Because the court found §922(g)(3) didn’t apply to Mr. Hemani, they dismissed his facial challenge as moot. In other words, Mr. Hemani won, but The People did not get a piece of that cake.

The state appealed.

The Fifth Circuit merits panel affirmed (agreed with) the district court.

In my opinion, this was an easy out. No inferior court really wants to say that any part of §922(g) is unconstitutional on its face. To do so would be to break so much of the gun control legislation in this country.

On Petition For Certiorari

Interestingly, the state didn’t immediately appeal to the Supreme Court. Instead they requested an extension while they considered the appeal.

In the end, the DOJ petitioned The Court for an answer to the question:

Whether 18 U.S.C. 922(g)(3), the federal statute that prohibits the possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance,” violates the Second Amendment as applied to respondent.
Petition for a Writ of Certiorari, United States v. Hemani, No. 24-1234 (U.S. filed June 2, 2025),

Most of the DOJ’s argument is a repeat of out-of-time-frame regulations, intentionally conflating “temporary” with “lifetime” prohibitions. As Mr. Hemani pointed out, being found guilty under §922(g)(3) means that you are now prohibited under §922(g)(1). Thus, (g)(3) is a lifetime prohibition.

The state then brings up §925(c). This is the method by which a person can get their Second Amendment protected rights back.

There are more than a few issues with this. Until very recently, and it still might be the case, the U.S. Congress had not allocated any funding towards implementing §925(c). You can request your rights back, but there is nobody to process your request. Therefore, no getting your rights back.

I believe that this might have been addressed in the current budget. If so, this allows this argument to stand. Actually, if I had read the next paragraph, the DOJ says just this, That program was effectively disabled from 1992 until 2025…

Unfortunately, to use §925(c), you have to admit to a violation of §922(g). That doesn’t sound like a wise thing. If the government decides you don’t get your rights back, you’ve admitted to a crime, for which you can be punished.

Certiorari

  • Petitioner’s Brief on the Merits: Due December 4, 2025
  • Amicus Curiae Briefs in Support of Petitioner or Neither Party: Due December 11, 2025
  • Respondent’s Brief on the Merits: Due January 3, 2026
  • Amicus Curiae Briefs in Support of Respondent: Due January 10, 2026
  • Petitioner’s Reply Brief: Due February 2, 2026
  • Oral Arguments: Expected in March 2026 (not yet scheduled)

This will be a big case.

IANAL Analysis

There are some serious problems with this case. Mrs. Hemani, the mother of Ali, is an active Muslim. A real little Satan, big Satan, martyr-loving barbarian. She was interviewed in Iran, telling the world that she wanted her sons to become martyrs. She made Facebook posts saying the same thing. All in all, she is a piece of garbage, exactly the sort of person I wish we could deport.

There does not seem to be any facts in evidence that Ali Hemani is a drug-dealing piece of garbage, but the district court detained him for the duration of his trial. He’s not a good person.

This Supreme Court is a law and order court. This administration is a law and order administration. This means that Mr. Hemani deserves to be imprisoned for being a despicable lowlife human.

This does not mean that it is constitutional to do so.

By stating the question as an “as-applied”, the DOJ is giving The Court an opportunity to find a way to throw Mr. Hemani in prison for up to 15 years while not messing up the progress we’ve made in Second Amendment jurisprudence.

We want Justice Thomas to write the opinion for Wolford v. Lopez. We don’t want Chief Justice Roberts writing another one of his easily twisted opinions here. Justice Alito would be a good choice.

Regardless, I expect a splitting of the baby. I expect we will hear more about “temporary” and “non-violent”, building on Rahimi.

I’m also hoping that we see another clear statement that “the plain text” is a simple test; the inferior courts got it right.

We might even see more on what time period is the correct time period for analogous regulations.

In short, I’m hopeful but not expecting this to be a total win for The People.

Wolford v. Lopez, the assumed schedule

Wolford is in an interlocutory state. They are appealing a preliminary injunction.

The purpose of the trial court is to gather evidence, hear legal arguments, and then decide based on evidence and the legal standing.

What the Supreme Court has said is that Second Amendment challenges do not need evidence. They are legal decisions, decided by the courts.

The law says “x”. The challenger says the plain text of the Second Amendment covers the conduct regulated by the law. The burden shifts to the state to show that the current law is consistent with this Nation’s historical tradition of firearms regulation.

There is no evidence to present. The court decides if the plain text covers the conduct. The court decides if the government has proven a history of firearms regulation that matches the current law. If the state fails to meet its burden, then the law is ruled unconstitional.

If the state wishes to bring in expert testimony regarding this Nation’s historical tradition of firearm regulation, that expert must be a lawyer. Not only must they be a lawyer, they must be part of the case.

Friends of the court can express their opinion, but the only place those opinions have any weight is if they are legal arguments regarding regulations from the time of the founding or somehow relevant to finding that the conduct is not covered by the Second Amendment.

At this point, everybody in Wolford has agreed the plain text of the Second Amendment is implicated. The state can present their arguments to the Supreme Court just as easily as to the trial court. There is no value the trial court will add to the analysis the Supreme Court will do.

Which leads us to, when will we hear back from the Supreme Court?

Cert was granted on October 3, 2025. Per rule 25 of the Supreme Court, the Petitioner (Plaintiff) must have their briefing in within 45 days. November 17, 2025. It is unlikely that this date will be pushed. Amici briefs supporting the Petitioner are due 7 days after.

The Respondent’s (defendant’s) brief is due 30 days after that, on December 17th. Again, Amici briefs the Respondent or neither are due 7 days after.

The Petitioner gets to reply to the Respondent’s brief. That is due 30 days after the respondent dockets their brief, putting us at January 10, 2026.

If everything goes as scheduled, oral arguments will be heard in February, with the opinion issuing in May.

I expect we will see at least one other Second Amendment case this term. If the Court is looking at Wolford to address sensitive places, then there will be no other sensitive places challenges heard.

That leaves a case dealing on what “arms” means. When that case is heard, they will address the proper usage of the “in common use for lawful purposes” shortcut to a Second Amendment win.

Reese v. Bureau of Alcohol Tobacco Firearms & Explosives, Update

Yeah, it really was the judge being a clown. The state did not ask for membership lists.

On Friday the parties, the state, and the plaintiffs filed a joint motion to amend the final judgement.

  • The Court’s Judgment compels Plaintiffs to disclose their membership as of November 6, 2020, to the Government by October 28, 2025.
  • The Government, as a general policy, does not compel disclosure of the identity of members of private organizations, and the Government did not seek to do so here.
  • Plaintiffs assert that the Judgment’s order compelling them to disclose their membership violates the First Amendment and would subject them to irreparable harm. See, e.g. Americans for Prosperity Foundation v. Bonta, 594 U.S. 595, 606 (2021).
  • To be clear, Plaintiffs do not concede that altering the Judgment in this way would make its scope appropriate, and Plaintiffs retain their right to challenge all aspects of the Judgment on appeal. However, in the absence of the proposed amendment, Plaintiffs face an imminent deadline compelling the disclosure of their membership information.
  • To avoid the need for Plaintiffs to file an emergency motion to stay the disclosure deadline, the Parties respectfully request that the Court act on this motion by October 14, 2025.

Short translation, the state is still attempting to make a facial challenge judgement into an as-applied judgement, but even the government understands that demanding membership lists is verboten.

Reese v. Bureau of Alcohol Tobacco Firearms & Explosives

History

Back in November of 2020, Caleb Reese, Joseph Granich, FPC, The Second Amendment Foundation, and the Louisiana Shooting Association filed suit in the Western District of Louisiana challenging 18 U.S.C. §§ 922(b)(1) and 922(c)(1), 27 C.F.R. §§ 478.99(b)(1), 478.124(a), and 478.96(b).

U.S.C. is United States Code, or laws. C.F.R. is Code of Federal Regulations. So they are challenging the rules and regulations infringing on The People aged 18, 19, and 20 from purchasing firearms from FFLs.

The named plaintiffs, Reese and Granich, were in that age range when the suit was filed. Since it was filed in 2020, there is no way that they are still in that age range today. The case is moot.

This is why the organizations are required to be in the suit. They need real people to start the suit, but the organizations can add other members that meet the requirement of being in the age group as the original plaintiffs age out.

On May 5th, 2021, the plaintiffs did just that; they added Emily Naquin to the suit. This gave them a longer window and added a woman to the complaint.

On June 10, 2021, Joseph Granich left the suit.

In July of 2022, the court was formally made aware of Bruen. This means that the district court must use the Heller methodology as affirmed in Bruen. Is the plain text of the Second Amendment implicated? Is there an analogous regulation in this Nation’s history of firearm regulation?

The state immediately responded that Bruen affirms the Second Amendment allows a ‘variety’ of gun regulations, including ‘laws imposing conditions and qualifications on the commercial sale of arms’. In other words, the state ignored the holding and dicta of The Court and instead cherry-picked a phrase from a concurrence. I love how they say, “Justice Kavanaugh’s concurrence emphasizes….” They added the word emphasizes to imply what is not there.

On December 21, 2022, the district court found that the Second Amendment was implicated. Further, it found that Congress had designated 18, 19, and 20-year-olds as particularly dangerous, and therefore they could be disarmed in keeping with this Nation’s history of firearms regulation. Never mind that this implies that Congress can disarm any group by declaring them “dangerous.”

The case was appealed to the Fifth Circuit Court of Appeals, which issued its opinion January 30 and issued its mandate on April 17, 2025.

The Fifth Circuit Court’s Judgment

The Fifth Circuit dealt with the state’s contention that the law didn’t even implicate the Second Amendment like this:

Addressing the first question under Bruen, the government contends that “the Second Amendment’s plain text” does not cover the conduct that §§ 922(b)(1) and (c)(1) prohibit. Bruen, 597 U.S. at 24, 142 S. Ct. at 2130. The government argues that a limited ban on the purchase of handguns from FFLs is not an infringement on the Second Amendment rights, and in any event eighteen-to-twenty-year-olds are not among “the people” protected by the right. We reject these points, then move to Bruen’s second inquiry: …
Reese v. Bureau of Alcohol, Tobacco, Firearms & Explosives, 127 F.4th 583, 593 (5th Cir. 2025)

Note that the state doesn’t even believe that newly enlisted members of our military are part of The People.

The court then went on to discuss what plain text means. The threshold textual question is not whether the laws and regulations impose reasonable or historically grounded limitations, but whether the Second Amendment “covers” the conduct (commercial purchases) to begin with.Id.. Clearly this is the correct methodology.

Step one isn’t really a step; it is a simple question. If it takes more than a sentence, then they are likely doing it wrong.

Or, put another way, why not assume it is covered under the plain text? The courts used to do this, until they couldn’t wave a magic wand and say the state’s argument is more important than The People’s rights.

One brief pre-ratification aberration and a handful of post-ratification examples do not outweigh the consistent approach of all states—including Virginia—where the minimum age of eighteen prevailed at or immediately after ratification of the Second Amendment. See NRA II, 714 F.3d at 340–41 n.8 (Jones, J., dissenting from denial of rehearing en banc). The founding-era laws are far more probative of what “the people” meant when the Second Amendment was ratified, as “Constitutional rights are enshrined with the scope they were understood to have when the people adopted them.” Heller, 554 U.S. at 634–35, 128 S. Ct. at 2821.
Id.

This is a good example of “tradition.” We can look at this Nation’s history of firearm regulation and find outliers. These outliers do not outweigh the consistent approach, the traditions of all states.

In the end, the Fifth Circuit concludes:

Ultimately, the text of the Second Amendment includes eighteen-to-twenty-year-old individuals among “the people” whose right to keep and bear arms is protected. The federal government has presented scant evidence that eighteen-to-twenty-year-olds’ firearm rights during the founding-era were restricted in a similar manner to the contemporary federal handgun purchase ban, and its 19th century evidence “cannot provide much insight into the meaning of the Second Amendment when it contradicts earlier evidence.” Id. at 66, 142 S. Ct. at 2154 (citing Heller, 554 U.S. at 614, 128 S. Ct. at 2810). In sum, 18 U.S.C. §§ 992(b)(1), (c)(1)[sic 922] and their attendant regulations are unconstitutional in light of our Nation’s historic tradition of firearm regulation.

We REVERSE the district court’s judgment and REMAND for further proceedings consistent with this opinion.
Id.

Three of the potential outcomes from an appeal are “AFFIRM,” which says the superior court agrees with the inferior court. “VACATE,” which says that the inferior court got it wrong and needs to do it over, considering the named opinions. But the strongest of them all is to “REVERSE.” To reverse an inferior court’s decision is to say not only did they get it wrong, but that the superior court doesn’t believe the inferior court will get it right.

Or in some cases, there is no need for the inferior court to put their oar in the water. What’s done is done.

The District Court Beclowns Themselves

The circuit court’s holding is that 18 U.S.C. §§ 922(b)(1), (c)(1) and the regulations that build on them are unconstitutional. There is no wiggle room in that opinion. It is a pure win for The People.

There is nothing in that opinion that suggests that this is an as-applied or is any other way limited to just the plaintiffs.

In Rahimi we had an “as applied” finding. This is being played out in other §922(g)(8) situations. They are coming down in “as applied” opinions.

Once the district court receives its marching orders, it is supposed to follow orders like the inferior it is. There is a clear winner and a clear loser.

The court then orders the parties, both the winners and the losers, to submit a proposed judgment. The court is supposed to look at the proposed judgment, make sure it aligns with the superior court’s orders, and then sign off.

Generally, the parties work out an agreement, which is then presented to the court.

The plaintiffs, the good guys and winners, suggested the following:

The Court declares that 18 U.S.C. §§ 922(b)(1) & (c)(1), their derivative regulations, and all other laws, regulations, policies, practices, and customs implementing or effectuating the same, violate the right to keep and bear arms secured by the Second Amendment to the United States Constitution by prohibiting the sale or delivery of handguns and handgun ammunition to 18-to-20-year-olds.

With the court ordering the state to stop enforcing the rules and regulations. This judgment would stop the exercise of the relevant rules and regulations in the jurisdiction of the Fifth Circuit. A giant win. And it could be used in support of other cases.

The state, the defendants, the bad guys, and the losers proposed the following:

The Court enters declaratory judgment, as described in paragraph 3 below, with respect to (A) Plaintiffs Caleb Reese, Joseph Granich, Emily Naquin; and (B) individuals who (i) were members of Plaintiffs Firearms Policy Coalition, Inc., Second Amendment Foundation, or Louisiana Shooting Association at the time this action was filed on November 6, 2020, and (ii) have been identified and verified by respective Plaintiff organizations during the course of this litigation.

Here the state changes this from a facial win to an as-applied. Which is even worse than it originally sounds. This judgment would only last for 3 years. At the end of three years, everybody that would be covered by this judgment would have aged out of the category.

The state argues that Trump v. CASA applies. The state claims that the judgment of the court would be a universal injunction, which would be too wide. But that was never the case. This ruling would only apply within the Fifth Circuit. So the state is full of excrement.

They go on to say that it should only apply to members of the organizations that were members when the case was filed. This would limit the relief to people that joined FPC or SAF when they were children; otherwise, they would have already aged out.

The state is also requiring that the organizational plaintiffs provide membership lists because: limiting the scope of permanent relief to members of the organizational plaintiffs who were members when suit was filed is necessary because only such persons have standing to sue, and because equity requires this limitation to avoid incentivizing free riders.

The judge’s final order includes FFLs that were members of the organizations when the suit was filed in 2020.

The only people who would benefit from this order are the two named plaintiffs.

Conclusion

The judge is a freaking clown. He got his knuckles rapped by his superior and has decided to thumb his bright red nose at them.

Wolford v. Lopez

History

In April of 2025, Wolford et al. petitioned the Supreme Court for a writ of certiorari.

This followed the Ninth Circuit’s decision that a vampire law was constitutional. A vampire law is one in which you are not allowed to bring your firearm onto private property without express consent from the owner or the owner’s agent.

The good news is that the Second Circuit Court, in a rare moment of integrity to the Constitution, found the same law in New York State to be unconstitutional.

This created a circuit split. That plus this being a new attack vector on the people’s right to keep and bear arms made it an interesting case.

It was not as interesting, in my opinion, as the sensitive places and other cases pending before the court that were denied cert.

Cert Is Granted

On October 3rd, just days before the start of the new term, the Supreme Court of the United States took a Second Amendment case.

My mind is blown. I wasn’t even looking for anything in this case.

Pam Bondi’s DOJ had filed an amicus brief in favor of The People back in May.

Conclusion

We will have a briefing schedule shortly. Once that is available, I’ll do a deep dive into this case. This case has the makings of another Bruen.

While the question isn’t that big, the dicta surrounding the finding is likely to be a slap in the face to the inferior courts.

This will be one of the first cases the Supreme Court hears after the absolutely vicious statements given by the justices regarding the behavior of the inferior court’s attacks on the Trump administration.

Photo illustration of a sign encouraging acting to stop voter suppression or activities that block voting.

Redistricting

Representatives are allocated by population. The higher the state’s population, the more representatives they have.

The total number of representatives has been fixed for a while. This means that if one state gets more representatives, some other state gets fewer.

Not only do representatives determine the make up of the House, they also determine the make up of the electorial collage.

Thus, the number of representatives a state has is critical in determining political outcomes.

One of the issues currently being debated is a new census before the 2028 election. There are indications that some states, such as California, are overrepresented because the census counted criminal illegal aliens. Look into the 3/5s clause in the Constitution for why this is an issue.

After every census, the states can redistrict based on the new census numbers.

In 1965, Congress passed the Voting Rights Act of 1965. This act sets new rules for how the representatives should be chosen by the many states.

Unfortunately, this act is likely at odds with the Constitution. In particular the Fourteenth Amendment. Any law that Congress passes that is contrary to the Constitution is void. Unfortunately, it takes a case reaching the Supreme Court and the Supreme Court agreeing the law is contrary to the Constitution for the law to be struck down.

Of course, this hasn’t stopped rogue, agenda-driven, inferior court judges from pretending that Congress can pass laws restricting the powers of the Article II executive.

The question then becomes, “How do you create districts for a state that are representative of the people of the state?”

Generally the districts of a state are created to control the outcome of elections.

Here is part of the 2011 congressional districts of Maryland:

If you look at Congressional District 01 in orange, you can see that it has many counties within it. But more importantly, it extends into Baltimore County. The same with District 02. Most of the military of the Aberdeen Proving Grounds and Edgewood Area are in District 02. But I also include a part of Baltimore City and Howard County.

I’m sure you would not be surprised to learn that the very high concentration of PoC voting Democrat causes Districts 01 and 02 to be Democrat districts.

The current congressional districts follow the county borders.

The way this worked was that everybody knows that Baltimore is a huge Democrat stronghold. It is so huge that they can dilute it with Republicans and still come out for the Democrats.

By using the Democrat voters of Baltimore in districts 1, 2, 3, and 7 they made 4 of the 8 districts +Democrat. District 4 is using the Democrat voters of Montgomery County to overwhelm the Republican voters of the rest of the district. Districts 5, 6, and 8 are Democrat strongholds; they don’t need any help from the city.

This districting leaves Republicans of Maryland without representation in Congress.

In Louisiana v. Callais the Supreme Court is hearing a case challenging the VRA on Constitutional grounds.

In Robinson v. Ardoin in 2023, a district court found that Louisiana had violated the Voting Rights Act of 1965. The inferior court ordered the state to create an additional majority-black district to avoid “vote dilution.”

This court order resulted in Louisiana’s SB8. The sponsor of SB8 said “We all know why we’re here. We were ordered to draw a new Black district, and that’s what I’ve done”.

That new district stretches 250 miles from the Shreveport in the northwest to Baton Rouge in southeast Lousiiana.

All to create another black district. When we say black district, what is really meant is “Democrat district.”

Well the Supreme Court got the case and decided to punt. Thomas was unhappy with that and told the world how unhappy he was.

This case was argued on March 24th in the 2024 term. Instead of issuing an opinion before the end of the term, the Court instead put the case back on the calendar for reargument.

It appears that the Court wants to be briefed on specific aspects of the case.

Conclusion

This case is outside my knowledge base. In trying to understand the question presented, I’m lost. And that is just one page. Thank goodness Thomas writes in English that I can understand.

This is just another case clawing back the rights of The People after years of reverse descrimination.

Lawyer challenging business woman in suit or lawyer working on documents Legal advice and justice Female lawyer working at law firm and squatting with court scales

The Authors Guild v. National Endowment for the Humanities, 1:25-cv-03923, (S.D.N.Y.)

On June 27, 2025, the Supreme Court issued their opinion in Trump v. CASA which found that the courts do not have the authority to grant universal injunctions.

This put the left in a tailspin. If they can’t get universal injunctions, they can’t stop the Trump Administration in the courts. The current battle plan of the deep state, leftist *bleep*, is to delay, delay, delay.

During Trump’s first term, they neutered him by cutting him off from his trusted associates and then throwing up roadblocks at every occasion. The goal was to delay his actions until he was removed from office.

This time around, they are using the courts because Trump v2.0 is better, faster, and better equipped to deal with their games. He issues executive orders that explicitly state that he wants the law to be followed. He doesn’t zero a budget; he reduces it to the required minimum. He doesn’t close an agency; he just folds all their duties into other agencies and guts the workforce.

The Supreme Court left open an avenue for nationwide injunctions to take place. That path is a “class action.”

This requires a class certification. The court must determine if a group of individuals has similar claims that can be grouped together.

The investigation and filing process normally takes a few months to a year to complete. My understanding is that the average is closer to 12 months than 2 months.

After the investigation, the request for class certification is filed, and the court decides. This takes from 6 months to 2 years.

Our timeline, June 27, 2025, no more universal injunctions. On June 27th, the court orders the parties to file how Trump v CASA impacts this case by July 2nd. On July 2nd, the plaintiffs (bad guys) said that this is really a class action suit. On July 25, the court says that they are treating this as a certified class and grants an injunction.

We are about 10 days from reading another SCOTUS opinion and order telling this court to knock it the F___ off.

Note, the Washington Post is reporting this as a TRO. It is not. It is a preliminary injunction which can be appealed.

Maybe we’ll see the Second Circuit Court do the right thing. I doubt it, but the D.C. Circuit Court did.

Trump v. Boyle 606 U.S. ____ (2025) 25A11

We are into the 2025 term. The Justices are on vacation, yet they are still issuing opinions relating to orders almost weekly.

This is another win for Trump. So far every case to reach the Supreme Court has been a win for the Trump Administration.

The left is having hissy fits.

The application for stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted. The application is squarely controlled by Trump v. Wilcox, 605 U. S. ___ (2025). Although our interim orders are not conclusive as to the merits, they inform how a court should exercise its equitable discretion in like cases. The stay we issued in Wilcox reflected “our judgment that the Government faces greater risk of harm from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty.” Ibid. (slip op., at 1). The same is true on the facts presented here, where the Consumer Product Safety Commission exercises executive power in a similar manner as the National Labor Relations Board, and the case does not otherwise differ from Wilcox in any pertinent respect.
— Trump v. Boyle

The frustration in the Court’s opinion is highlighted here. “…squarely controlled…” is court speak for “We told you ungrateful incompetent rogue judges how to do this already! Don’t you make me stop this car!” The following does not differ in any pertinent respect: telling those same self-important, agenda-driven hacks that they were told how to do exactly this type of case.

Justice Kavanaugh wrote a concurring opinion. His opinion is that the Court should just grant certiorari and issue a full opinion.

The inferior courts continue to play games to get what they want. It is just stupid.

They keep losing, but it makes for great headlines.

So tomorrow we will hear about the great Justice Kagan and how she brought the heat down on the conservatives of the Court.

judge, dish, justice, law, us supreme court, sonia sotomayor, judge robe, robe, garment, woman, smile, laugh, judge, judge, judge, judge, judge

McHahon v. New York 24A1203

Sotomayor is the target today. She wrote the dissent, which Kagan and Jackson joined.

The issue that Sotomayor is having is called “reading comprehension”

Trump ordered McHahan to take all necessary steps to facilitate the closure of the Department [of Education]. The Sotomayor decided that “facilitate the closure” and “close” mean the same thing.

They don’t.

The law requires that there be a Department of Education. It describes what the functions of the department will be. Nowhere does it say “there shall be 3,284 employees” nor how the executive chooses to organize what employees the department has.

The law requires a few people to be employed by the DoE. That could be as small as “the director.”

When the Executive publicly announces its intent to break the law,… does not mean they have broken the law. Nor did the Executive order the closure of the DoJ. Sotomayor is known to talk differently to regular people than she does to the other justices. Trump talking to The People is not the words he used in the his Executive Order. This is normal.

It hands the Executive the power to repeal statutes by firing all those necessary to carry them out.

And here is her big mistake: the Constitution grants the power of the Executive to one person, the president. The president decides how best to execute the laws of the United States. He decides who is necessary to carry them out.

The courts do not get to decide how the Executive administers, staffs, or prioritizes the executive branch. That is the responsibility of the executive, and the executive (president) has the only authority to do so.

Sotomayor is upset because without that gigantic staff, the DoE won’t be able to award over $120 billion of our tax dollars in student aid.

Since she also believes that student loans can be forgiven, this means she believes that the Executive should be forced to hand over billions of dollars to students.

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 can go F yourself.”

“Come and take it.” is a reference to Mexico attempting to take a cannon from a small Texas town. They didn’t. It means that we will not go quietly into the dark.

“May you live in interesting times” is a translation of a Chinese curse.

“My estimated colleague” is a term of phrase used in congress to mean, “That MFing AH.” Or similar words.

“My friend” in oral arguments means, “That stupid ass that is arguing with me.”

In the Supreme Court, the majority opinion refers to “the principal dissent” or “JUSTICE KAGAN’s dissent”. If there is only one dissent, they will refer to it as “the dissent.”

They do not call each other out by name. It isn’t polite, it isn’t respectful.

Think about what this position means. If a judge in the District of Alaska holds that a criminal statute is unconstitutional, can the United States prosecute a defendant under that statute in the District of Maryland? Perhaps JUSTICE JACKSON would instinctively say yes; it is hard to imagine anyone saying no. But why, on JUSTICE JACKSON’s logic, does it not violate the rule of law for the Executive to initiate a prosecution elsewhere? See post, at 2 (dissenting opinion). Among its many problems, JUSTICE JACKSON’s view is at odds with our system of divided judicial authority. See, e.g., this Court’s Rule 10(a) (identifying conflict in the decisions of the courts of appeals as grounds for granting certiorari). It is also in considerable tension with the reality that district court opinions lack precedential force even vis-à-vis other judges in the same judicial district. See Camreta v. Greene, 563 U. S. 692, 709, n. 7 (2011).
Trump, President of The United States, et all., v. CASA, Inc., et al., 2025 606 U.S., n. 17

Justice Barrett wrote this. And 5 other justices signed on to it. This is a public spanking of the least qualified justice on the Supreme Court. “…view is at odds…” is court speak for “is wrong.”

The principal dissent focuses on conventional legal terrain, like the Judiciary Act of 1789 and our cases on equity. JUSTICE JACKSON, however, chooses a startling line of attack that is tethered neither to these sources nor, frankly, to any doctrine whatsoever. Waving away attention to the limits on judicial power as a “mind-numbingly technical query,” post, at 3 (dissenting opinion), she offers a vision of the judicial role that would make even the most ardent defender of judicial supremacy blush. In her telling, the fundamental role of courts is to “order everyone (including the Executive) to follow the law—full stop.” Post, at 2; see also post, at 10 (“[T]he function of the courts—both in theory and in practice—necessarily includes announcing what the law requires in … suits for the benefit of all who are protected by the Constitution, not merely doling out relief to injured private parties”); see also post, at 11, n. 3, 15. And, she warns, if courts lack the power to “require the Executive to adhere to law universally,” post, at 15, courts will leave a “gash in the basic tenets of our founding charter that could turn out to be a mortal wound,” post, at 12.
id. at 21–22

I can’t find the words to express how much of a slap in the face this language is. This is the Law Professor talking down to a C- student that didn’t bother to do their homework.

Rhetoric aside, JUSTICE JACKSON’s position is difficult to pin down. She might be arguing that universal injunctions are appropriate—even required—whenever the defendant is part of the Executive Branch. See, e.g., post, at 3, 10–12, 16–18. If so, her position goes far beyond the mainstream defense of universal injunctions. See, e.g., Frost, 93 N. Y. U. L. Rev., at 1069 (“Nationwide injunctions come with significant costs and should never be the default remedy in cases challenging federal executive action”). As best we can tell, though, her argument is more extreme still, because its logic does not depend on the entry of a universal injunction: JUSTICE JACKSON appears to believe that the reasoning behind any court order demands “universal adherence,” at least where the Executive is concerned. Post, at 2 (dissenting opinion). In her law-declaring vision of the judicial function, a district court’s opinion is not just persuasive, but has the legal force of a judgment. But see Haaland v. Brackeen, 599 U. S. 255, 294 (2023) (“It is a federal court’s judgment, not its opinion, that remedies an injury”). Once a single district court deems executive conduct unlawful, it has stated what the law requires. And the Executive must conform to that view, ceasing its enforcement of the law against anyone, anywhere.
id. at 22–23

The highlighted phrase indicates that this is not just Justice Barrett with this opinion of Jackson, it is all the Justices that signed on to the majority opinion. There is no mistaking this for anything than what it is. The majority is calling out Jackson as being unqualified to sit on the court.

We will not dwell on JUSTICE JACKSON’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself. We observe only this: JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary.
id. at 23

There are dozens of articles out there talking about how the end to Universal Injunctions is good for this country. This case will end most of the legal battles against the Trump Administration.

The only reason these cases were being filed was to stop the Trump Administration from carrying out their actions. There have been no findings of merit in any of these cases. Merely inferior court judges saying they think the plaintiffs (bad guys) might win, and because it is so important, they are blocking the Administration.

Under normal circumstances, this would be a 3 to 10 year block on the Administration.

Now that the delay tactic is gone, there is no reason to file losing cases. The money will dry up, and these cases will just evaporate.

Conclusion

I have been disappointed that Amy hasn’t voted for cert in a number of Second Amendment cases. What I have noticed is that her arguments are clear and well-founded in our Nation’s history and traditions of regulations. She is doing the right thing, even if I don’t like the outcomes.

This case is still another “plain text, history, and tradition” result. This court has been standing firm in that belief.

When Kagan wrote the majority opinion in S&W v. Mexico, she referenced the plain text of the constitution, the plain text of the regulation, and the history and tradition of this Nation’s regulations.

I’m looking forward to a great Second Amendment opinion in the 2025 Term, likely released in June, 2026.