Another federal rule lands in court

A Supreme Court decision earlier this year overturned the notion that courts should defer to federal agency regulatory authority when agencies make rules to carry out vaguely-written laws. It was known as the Chevron doctrine. The case that sparked the change is known as Loper. Loper is the fishing boat operator that didn’t want to pay for a federal monitor it was forced to let aboard its boat. Now several parties are suing the National Oceanic and Atmospheric Administration, the agency that made the rule that sparked the Loper case.…

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Fourth Circuit Decision Sets Up Next Potential 2A Showdown at Supreme Court

The U.S. Court of Appeals for the Fourth Circuit upheld Maryland’s ban on so-called “assault weapons” earlier this month, likely setting the stage for the next major Second Amendment showdown at the Supreme Court. The case, Bianchi v. Brown, features Maryland residents who challenge the constitutionality of a 2013 state law that generally prohibits them from buying or possessing any firearm deemed an “assault weapon.” The statute defines that term to include hundreds of specific models of semiautomatic rifles, as well as any other semiautomatic rifle that either (1) has…

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Something Has Gone Deeply Wrong at the Supreme Court

Forget Donald Trump. Forget Joe Biden. Think instead about the Constitution. What does this document, the supreme law of our land, actually say about ​​lawsuits against ex-presidents? Nothing remotely resembling what Chief Justice John Roberts and five associate ​justices declared​ in yesterday’s disappointing Trump v. United States decision​. The Court’s curious and convoluted majority opinion turns the Constitution’s text and structure inside out and upside down, saying things that are flatly contradicted by the document’s unambiguous letter and obvious spirit.​ Imagine a simple hypothetical designed to highlight the key constitutional…

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Court Threatens First Amendment Rights of Tennessee News Website After Publication of Nashville School Shooting Documents

The editor-in-chief and publisher of the Tennessee Star was ordered to appear in court last week and threatened with charges of contempt after his news website reported on an anonymously leaked collection of documents authored by Nashville mass shooter Audrey Elizabeth Hale. Michael Patrick Leahy was joined by his attorneys in court on Monday for a “show-cause hearing,” where the journalist was asked by Chancery Court Judge I’Ashea Myles to demonstrate why his outlet’s reporting does not subject him to contempt proceedings and sanctions. On March 27, 2023, Hale (born…

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MoveOn Calls on Georgia Court of Appeals to Stop Delays in Trump Trials

MoveOn runs full-page ad in The Atlanta Journal-Constitution WASHINGTON, D.C. – MoveOn Political Action is calling on the Georgia Court of Appeals to stop delaying the criminal case against former President Donald Trump for his interference in Georgia’s 2020 election. On behalf of Donald Trump and his allies, the appeals court set a tentative date of October 4 for oral arguments to consider whether Judge Fani Willis is disqualified from prosecuting the election interference case, preventing the beginning of the trial. His strategy is likely to delay as long as…

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