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

August 23, 2024 Court, fourth, Next, Supreme, showdown, Decision, Sets, Potential, Circuit0 comment

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…

Something Has Gone Deeply Wrong at the Supreme Court

July 2, 2024 Gone, Court, Supreme, Wrong, deeply, Something0 comment

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…

Supreme Court’s Affirmative Action Ruling May Be Bigger Than You Think

February 5, 2024 Bigger, think, courts, Affirmative, ruling, Supreme, action, than0 comment

One of the more interesting, but less reported, aspects of the Supreme Court’s decision in the landmark affirmative action case Students for Fair Admissions v. Harvard was its criticism of universities’ racial categories in admissions policies. That critique opens a new way to challenge racial discrimination in court. Lawyers and litigants who care about racial equality should take full advantage of it. The high court’s perspective on racial categories arose out of what is known among lawyers as “the diversity rationale,” which comes from a 1978 opinion by Justice Lewis…

Supreme Court Denies Review in Critical Trans Bathroom Case That Could Have Clarified Title IX

January 16, 2024 Supreme, critical, title, Trans, Bathroom, Clarified, could, Court, case, denies, Review0 comment

The Supreme Court unceremoniously denied review Tuesday in a case that would have clarified once and for all whether separating bathrooms based on biological sex violates either Title IX of the Education Amendments of 1972 or the equal protection clause of the Constitution. Now, the nation must wait with bated breath for publication of the Department of Education’s final Title IX rule. That Biden administration rule promises to upend decades of sex equality in education by allowing students in a federally funded school to use the bathroom that corresponds to…

MoveOn Statement on Colorado State Supreme Court Disqualifying Trump

December 27, 2023 Colorado, Trump, Statement, MoveOn, Disqualifying, state, Court, Supreme0 comment

Washington, D.C. – Following the Colorado State Supreme Court disqualifying twice-impeached and criminally indicted former President Trump from the ballot, MoveOn Political Action Executive Director Rahna Epting released the following statement: “As MoveOn has said many times before, Donald Trump is not above the law. Tonight’s decision from the Colorado State Supreme Court proves that there are consequences to undermining our democracy and betraying our country. MoveOn and its members have been on the frontlines calling for Trump’s disqualification for inciting an insurrection, and we will continue to hold Trump…

‘We Finished the Race,’ Coach Kennedy Says After Taking Knee in Prayer on Field Following Supreme Court Victory

September 2, 2023 Field, following, after, knee, Court, ‘We, victory, Coach, says, Finished, Supreme, Race, Kennedy, Prayer, Taking0 comment

BREMERTON, Wash.—Fans from both teams cheered as Joe Kennedy knelt in silent prayer for 10 seconds at the 50-yard line. It was the moment of culmination after a more than 7-year legal battle over prayer that ended with a victory for Kennedy at the Supreme Court. “I used to run marathons quite a bit and you never think you’re going to get to the end, and when you finally see that finish line… that’s what tonight was,” Kennedy told The Daily Signal at the end of his first game back…