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The federal gun law used to indict Hunter Biden has a surprising critic: a conservative-led federal appeals courtThe panel ruled the law was unconstitutional in another case, but legal experts say it could come up in Biden's case. The president's son was indicted on three gun-related charges on Thursday after his original plea deal fell apart in court. But the appeals court panel ruled that it was too broad when it was used in Daniels' case and tossed out his conviction. Hunter Biden — the son of President Joe Biden — was indicted Thursday on three gun-related charges. Daniels' case is "readily distinguishable" from Biden's, former federal prosecutor Andrew McCarthy told Fox News, so it may not apply directly.
Persons: Hunter Biden, Biden, Patrick Daniels, Daniels, Wednesday's, Smith, Joe Biden —, Joe Biden's, , Andrew McCarthy Organizations: Service, Biden —, Fox News, Justice Department Locations: Wall, Silicon, Mississippi, Mississippi , Texas, Louisiana, New York, Biden's
Michelle Lujan Grisham's emergency order suspending the right to carry firearms in public in and around Albuquerque drew an immediate court challenge from a gun-rights group Saturday, as legal scholars and advocates said they expected. The governor, a Democrat, said the 30-day suspension, enacted as an emergency public health measure, would apply in most public places, from city sidewalks to parks. The top Republican in the New Mexico Senate, Greg Baca of Belen, also denounced Lujan Grisham’s order as an infringement on the gun rights of law-abiding citizens. Levinson said she was not aware of any other governor taking a step as restrictive as Lujan Grisham. “I don’t think it will be a political loss for (Lujan Grisham) to be overturned,” Levinson said.
Persons: Michelle Lujan, Foster Haines, Lujan Grisham, , Jessica Levinson, Sam Bregman, Albuquerque Mayor Tim Keller, Harold Medina, Bregman, Bernalillo County Sheriff John Allen, , ” Allen, ” Medina, Gilbert Gallegos, Levinson, ” Levinson, Dudley Brown, Greg Baca, Lujan Grisham’s, Dan Lewis, Gavin Newsom, Jacob Charles, ” Charles, ” ___ Ritter, Stern, Sonner, Rio, Morgan Lee, Terry Tang, Felicia Fonseca Organizations: New, New Mexico Gov, National Association for Gun Rights, Loyola Marymount’s Loyola Law School, Democratic, Saturday, Albuquerque Mayor, Police, Bernalillo County Sheriff, U.S . Department of Justice, Press, Republican, New Mexico Senate, Council, of Health, California Gov, Democrat, Pepperdine Caruso School of Law, Las Vegas, Associated Press, America Statehouse News Initiative, America Locations: New Mexico, Albuquerque, U.S, Los Angeles, Bernalillo County, Bernalillo, Taos County, , Colorado, Belen, Las, Reno , Nevada, Las Vegas, Santa Fe, , New Mexico, Phoenix, Flagstaff , Arizona
Customers shop for handguns at the Des Moines Fairgrounds Gun Show at the Iowa State Fairgrounds in Des Moines, Iowa, U.S. March 11, 2023. REUTERS/Jonathan Ernst/File PhotoAug 9 (Reuters) - A federal appeals court on Wednesday ruled that a decades-old law prohibiting users of illegal drugs from owning firearms was unconstitutional as applied to the case of a marijuana user, the latest fallout from a U.S. Supreme Court ruling last year that expanded gun rights. Circuit Court of Appeals concluded that the federal law violated a Mississippi man's right to "keep and bear arms" under the U.S. Constitution's Second Amendment. The U.S. Drug Enforcement Administration did not administer a drug test, though Daniels admitted he sometimes smoked marijuana, which federal law prohibits. While his case was pending, the conservative-majority Supreme Court in June 2022 declared for the first time that the Second Amendment protects an individual's right to carry a handgun in public for self-defense.
Persons: Jonathan Ernst, Patrick Daniels, Daniels, Jerry Smith, Ronald Reagan, Stephen Higginson, Barack Obama, Nate Raymond, Shri Navaratnam Organizations: Des Moines, Iowa State Fairgrounds, REUTERS, U.S, Supreme, Circuit, Appeals, U.S . Drug, Administration, New York, Thomson Locations: Des Moines , Iowa, U.S, New Orleans, Mississippi, Boston
Aug 9 (Reuters) - A federal judge has blocked the state of Hawaii from enforcing a recently enacted ban on firearms on its prized beaches and in other areas including banks, bars and parks, citing last year's landmark U.S. Supreme Court ruling expanding gun rights. The measure was challenged by three Hawaii residents and the gun rights group Hawaii Firearms Coalition, who called the prohibitions unconstitutional. Hawaii Attorney General Anne Lopez's office argued the law was consistent with historical gun regulations and served a state interest in protecting public safety, including on crowded beaches where children and families congregate. But while Kobayashi acknowledged the important role beaches play in Hawaii's economy, "the state does not provide any evidence that this nation has a historical tradition of regulating or prohibiting the carrying of firearms on beaches." Alan Beck, a lawyer for the plaintiffs, hailed the judge's temporary restraining order, saying Kobayashi "faithfully applied Supreme Court precedent and came to the correct result."
Persons: Leslie Kobayashi, Bruen, Josh Green, Anne Lopez's, Kobayashi, Barack Obama, Alan Beck, Lopez, Nate Raymond, Jonathan Oatis Organizations: Supreme, U.S, New York, Democratic, Hawaii Firearms Coalition, Thomson Locations: Hawaii, Honolulu, Boston
[1/2] The entrance to the Sandy Hook Permanent Memorial on the 10th anniversary of the shooting at Sandy Hook Elementary School in Newtown, Connecticut, U.S., December 14, 2022. REUTERS/David 'Dee' Delgado/File PhotoAug 3 (Reuters) - A federal judge on Thursday rejected a gun rights group's challenge to an assault weapons ban the state of Connecticut adopted after a gunman in 2012 killed 20 children and six educators at Sandy Hook Elementary School in Newtown. The National Association for Gun Rights (NAGR) filed a lawsuit in September, arguing the 2013 ban violated the right to bear arms under the U.S. Constitution's Second Amendment, citing a major U.S. Supreme Court ruling last year that expanded gun rights. But U.S. District Judge Janet Bond Arterton in New Haven in a 74-page ruling rejected those claims, saying the group failed to establish that assault weapons and large capacity magazines are commonly bought and used for self-defense. Arterton, an appointee of former Democratic President Bill Clinton, cited "persuasive" evidence by the state that assault weapons are instead more often sought out for their militaristic characteristics and are often used in crimes and mass shootings.
Persons: David, Dee, Delgado, NAGR, Janet Bond Arterton, Bill Clinton, William Tong, Hannah Hill, Nate Raymond, David Gregorio, Bill Berkrot Organizations: Sandy, Sandy Hook Elementary, REUTERS, National Association for Gun Rights, U.S, Supreme, New York, Democratic, National Foundation for Gun Rights, Thomson Locations: Newtown , Connecticut, U.S, Connecticut, Sandy, Newtown, New Haven, Bruen, Boston
Ukrainian President Volodymyr Zelensky has been pushing for a clear path to join NATO for some time. Andrew Caballero-Reynolds/AFP/Getty ImagesWestern officials and diplomats, however, hoped that the issue would not be the focus of this week’s summit. Ukraine's President Volodymyr Zelenskyy, second left, and Lithuania's President Gitanas Nauseda, second right, address the public during an event on the sidelines of a NATO summit in Vilnius, Lithuania, Tuesday, July 11, 2023. All of which created room for speculation about NATO’s unity, and allowed its adversaries to call the summit a failure. NATO Secretary General Jens Stoltenberg (C) poses for an official family photo with the participants of the NATO Summit in Vilnius on July 11, 2023.
Persons: Volodymyr Zelensky, Joe Biden, Andrew Caballero, Reynolds, Zelensky, Volodymyr Zelenskyy, Gitanas Nauseda, Pavel Golovkin, Ben Wallace, , ” Brett Bruen, Obama, , Jens Stoltenberg, Odd Andersen, There’s, David van Weel, Organizations: CNN, NATO, Ukraine, Getty, Ukraine's, British, USA, , NATO “ Locations: Lithuanian, Vilnius, Sweden, Turkey, Brussels, Ukraine, AFP, Russia, Lithuania, Russian, America, Vilnius –, Washington
Now, in Rahimi, the Supreme Court will decide whether deadly firearms can flood the homes of domestic violence survivors. The Fifth Circuit decided that government cannot prevent an abusive individual, against whom a court has issued a domestic violence protective order, from possessing a deadly firearm. Before oral arguments are heard, there’s no way to tell which way the Supreme Court will rule. After New York State’s century-old gun law was overturned, I took immediate steps to restore protections from gun violence, including signing new laws to strengthen training and gun licensing requirements. I’ve always said public safety is my top priority as governor, and I’m committed to using every tool at my disposal to keep our communities safe from gun violence.
Persons: Thomas’s, Justice Thomas, Brett Kavanaugh, John Roberts, I’ve, I’m Organizations: Circuit, Fifth Circuit, Disease Control, York Locations: Rahimi, United States, New York, Bruen, Buffalo, Uvalde , Texas
The justices have simply replaced Chevron’s rule of judicial deference with its polar opposite, a new rule that goes by the name of the major questions doctrine. But how to tell a major question from an ordinary one? The Heller decision in 2008 opened the Second Amendment door a crack, granting individuals the right to keep a handgun at home for self-defense. The question in the case is whether the Second Amendment allows the government to bar gun ownership by an individual under a restraining order for domestic violence. That the answer actually might be “no” — domestic violence wasn’t even a concept in the 18th century, when the Second Amendment was adopted — is too astonishing to contemplate.
Persons: Dobbs, Roe, Casey, Roberts’s, Thomas, , Neil Gorsuch, , Heller, Chafing, can’t, wasn’t, Organizations: Jackson, Health Organization, Wade, Chevron, Biden administration’s Locations: United States
The court's conservative majority has taken an expansive view of Second Amendment rights in a nation facing persistent gun violence including mass shootings. The court has widened gun rights in three major rulings since 2008. "The stakes are high for those experiencing domestic violence if violent partners can legally possess firearms," Lungwitz said. The National Rifle Association, an influential gun rights group, did not respond to a request for comment. "By removing those kinds of considerations, it makes constitutional law - and Second Amendment law, in particular - even more removed from the way that ordinary citizens think about constitutional protections."
Persons: Joe Biden's, Zackey Rahimi, Rahimi, Janet Carter, Bruen, James Ho, Donald Trump, Elizabeth Prelogar, Lungwitz, Jacob Charles, Charles, John Kruzel, Will Dunham, Scott Malone Organizations: U.S, Supreme, New York, Circuit, Appeals, Republican, University of Texas School, Law's, Violence, Democratic, National Rifle Association, Pepperdine University Caruso School of, Thomson Locations: WASHINGTON, Texas, New York, New Orleans
Opinion | How to Stave Off Constitutional Extinction
  + stars: | 2023-07-01 | by ( Jill Lepore | ) www.nytimes.com   time to read: +5 min
From the very start, Americans proposed amendments. The U.S. Constitution was itself an act of amendment, written in 1787 because the Articles of Confederation were technically amendable but, for all practical purposes, not. What would be the national disgrace if … a vile Negro should come to rule over us?” These possibilities were, to Brackenridge, absurd. The rejected Supreme Court nominee Robert Bork once explained how originalists think about the Constitution and the historical record. Mecom’s biblical plea for nonviolence, for beating swords into plowshares, can be read as the constitutional preference of a constituency — women — unrepresented at the convention.
Persons: Lemuel Haynes, , George Mason, Hugh Henry Brackenridge, Brackenridge, Robert Bork, George Washington, Martha, ” Bork, George, Jane Franklin Mecom, Benjamin Franklin, , — unrepresented Organizations: Continental Army, Massachusetts, Constitution, United, New York State Locations: Independence, Massachusetts, U.S, Philadelphia, Virginia, United States, New
The case involves a Texas man charged with illegal gun possession while subject to a domestic violence restraining order after assaulting his girlfriend. The 1994 law at issue in the current case prohibited a person subject to a domestic violence restraining order from possessing a firearm. Circuit Court of Appeals in February declaring the law unconstitutional in a ruling that applied to Texas, Louisiana and Mississippi. Solicitor General Elizabeth Prelogar told the Supreme Court on behalf of Biden's administration that the 5th Circuit's ruling was "profoundly mistaken." Twenty-three states, mostly Democratic-led, urged the Supreme Court to hear the dispute, as did groups advocating for the prevention of gun violence and domestic abuse.
Persons: Joe Biden's, Zackey, Rahimi, Elizabeth Prelogar, Prelogar, John Kruzel, Will Dunham Organizations: U.S, Supreme, New York, New, Circuit, Appeals, Democratic, Thomson Locations: Texas, United States, New York, Kennedale, Arlington , Texas, New Orleans, Texas , Louisiana, Mississippi
After a judge rejected his Second Amendment challenge to the law, he pleaded guilty and was sentenced to more than six years in prison. The Fifth Circuit initially affirmed his conviction in a short decision, rebuffing the argument that the law violated the Second Amendment in a footnote. But the appeals court reversed course after the Bruen decision last June. The Fifth Circuit rejected a variety of old laws identified by the government as possible historical analogues, saying they did not sufficiently resemble the one concerning domestic-violence orders. What was significant, he wrote, quoting that decision, was that “our ancestors would never have accepted” the law on domestic-violence orders.
Persons: Cory T, Wilson, , Judge Wilson, Trump, Organizations: Fifth, Fifth Circuit, Mr
The Supreme Court on Friday agreed to weigh whether people accused of domestic violence have a right to own firearms in a case that will test the scope of recently expanded gun rights. The justices agreed to hear a Biden administration appeal in defense of a federal law that prohibits people subject to domestic violence restraining orders from possessing guns. Solicitor General Elizabeth Prelogar, representing the Biden administration, turned to the Supreme Court, said in court papers that the appeals court's ruling was "profoundly mistaken." The decision "threatens grave harms for victims of domestic violence," she said. Last year's Supreme Court ruling led to a flurry of challenges to longstanding laws — both federal and state — and prompted some judges to find they are unlawful under the new standard.
Persons: Zackey, Rahimi, Elizabeth Prelogar, Biden, Prelogar Organizations: Justice Department, U.S, Circuit, New York State Locations: Texas, Arlington , Texas, New Orleans, New
Opinion: Trump, the hoarder in chief
  + stars: | 2023-06-18 | by ( Richard Galant | ) edition.cnn.com   time to read: +13 min
We’re looking back at the strongest, smartest opinion takes of the week from CNN and other outlets. Photos included in the 38-count indictment of former President Donald Trump and his aide Walt Nauta show bankers boxes stacked in a bathroom and other parts of Trump’s Mar-a-Lago club. Trump has always hung onto news clippings, documents and other mementos,” The New York Times reported. “Trump is chaotic and unpredictable in a way that could lead other Republicans to believe that there is a chance he won’t make it to the convention. As Zelizer noted, “Trump has denied wrongdoing, claiming he is being unfairly targeted.”But “given this unusual context, Republicans have legitimate reasons to think that there could be an upset.
Persons: Harry Fellowes, Fellowes, Harry Fellowes couldn’t, Donald Trump, Walt Nauta, Trump, Kim Jong, Mr, Jack Smith’s, Peter Bergen, ” Bergen, Nick Anderson, David Zurawik, , ” Zurawik, ” Clay Jones, ” Trump, Jill Filipovic, ” Dana Summers, John Avlon, MAGA hasn’t, Gautham Rao, Donald Trump’s, Dean Obeidallah, Hillary Clinton, Phil Hands, Miami Mayor Francis Suarez, Julian Zelizer, “ Trump, , Facebook Trump, Zelizer, Republican Alice Stewart, Joe Biden, Mike, Pence, Agency Stewart, I’m, that’s, Chris Christie, Christie, Cupp, , Frida Ghitis, Mucutuy, , Cristin, Tien Ranoque, ” Ghitis, David Andelman, Ruth Ben Ghiat, Brett Bruen, Sébastien Roblin, Michael Bociurkiw, Father’s, Edward S, Feldman, Harrison Ford, David G, Allan, Tom Hanks, ” Allan, I’ve, Ford, Indiana Jones, Steve Majors, Young, Joyce M, Davis, Pete Buttigieg, ” Davis, Buttigieg, Don’t, Tom Stiglich, Syndicate David Culver, Opal Lee, Dion Sims, Black, Juneteenth Scott Hodge, Roxanne Jones, LeBron James, NBA Joshua Douglas, Samuel Huneke, Jere Hester, they’re, Sir Paul McCartney, John Lennon’s, Yoko Ono, Lennon’s, McCartney Organizations: CNN, White, The New York Times, West Wing, Tribune, Agency, US, Trump, Miami Mayor, Republican, Twitter, Facebook, intel, New, New Jersey Gov, Paramount Pictures, , Syndicate, NBA, Central Press, Hulton, Beatles, BBC Locations: Trump’s, Mar, Miami, New Jersey, China, Philadelphia, Atlanta , Georgia, Harrisburg , Pennsylvania, Jamaica
But perhaps most importantly in this context, it actually serves to further erode LGBTQ rights around the world. Putin has used attacks on LGBTQ rights as a way to try to appeal to African leaders, suggesting Russia is more aligned with their conservative values. Slapping stiff sanctions on Kampala will reinforce this rhetoric and allow the anti-LGBTQ attacks he’s using to gain greater strength. Instead, we should look at how to prominently elevate and sustain the focus on LGBTQ rights in our relations with Uganda as well as with these other nations. We should invite more Ugandan musicians, artists and actors to collaborate with leading American LGBTQ cultural figures.
Persons: Brett Bruen, Obama, Yoweri Museveni, doles, Brett Bruen CASME, Biden, George Santos, ” Santos, Ugandans, Vladimir Putin, Xi Jinping, Putin, Sen, Ted Cruz, Saddam Hussein Organizations: Inc, Georgetown University, Obama White House, CNN, State Department, United Arab, Ugandans, Twitter, Facebook Locations: American, Ivory Coast, Venezuela, Iraq, Madagascar, Uganda, United States, Kampala, East, Russia, Zimbabwe, Africa, China, Washington, Moscow, Beijing, Russian, Saudi Arabia, United Arab Emirates, Brunei, Eritrea
Opinion: Top secrets come spilling out
  + stars: | 2023-04-16 | by ( Richard Galant | ) edition.cnn.com   time to read: +16 min
We’re looking back at the strongest, smartest opinion takes of the week from CNN and other outlets. Writing for CNN Opinion, Rep. Justin Pearson noted, “This should be a chastening moment for revanchist forces in Tennessee’s legislature and across the country. Over the long haul, the undemocratic machinations employed to oust us from office are destined to fail. Dr. Martin Luther King, Jr. once famously said that the moral arc of the universe bends toward justice. “As a Jewish historian,” Perry wrote, “I worry about the tension between preserving the memory of past hardships while not locking our entire history into a tale of oppression.
The US national security team is once more ignominiously living out the line made famous by pop star Britney Spears after finding itself back in the uncomfortable position of watching state secrets ping-pong around the internet. As a veteran of the National Security Council and State Department, I have a couple of ideas about what we need to change to get Spears’ song off repeat. Indeed, whatever the cause of this latest breach, it should galvanize us to shut the revolving door of access to our most sensitive secrets. For starters, there should be a minimum time commitment from those appointed to high political office. This turnover creates massive disruptions and gaps in our national security structure.
The state's 21-year age minimum, enacted as part of a 2003 gun control law, had been challenged in a 2021 lawsuit by three gun rights groups - Minnesota Gun Owners Caucus, Firearms Policy Coalition and Second Amendment Foundation - and three individuals. The plaintiffs argued in their lawsuit that the age minimum violated the Second Amendment because 18- to 20-year-olds were permitted to possess guns at the time of the United States' founding. Menendez wrote that she had "reservations" about the historical analysis demanded by the Supreme Court, noting that "judges are not historians." Circuit Court of Appeals recently upheld a 21-year age minimum for handgun purchases in Florida, based on 19th-century laws, but said those laws only concerned gun sales, not the right to carry guns. Reporting By Brendan Pierson in New York, Editing by Alexia Garamfalvi and Bill BerkrotOur Standards: The Thomson Reuters Trust Principles.
The chairman of the Senate Judiciary Committee and a leading Republican senator on Thursday reintroduced a bill that seeks to compel the Supreme Court to televise its open court sessions live. A Supreme Court spokeswoman did not immediately respond to a request for comment. The Supreme Court long has refused to allow cameras — TV or still — into oral arguments for cases or other proceedings. The new low was reached months after the Supreme Court finished a term considered one of the most controversial and consequential, marked by two rulings in particular. Durbin cited both cases in a statement Thursday calling for televised Supreme Court sessions.
Feb 4 (Reuters) - A federal law prohibiting marijuana users from possessing firearms is unconstitutional, a federal judge in Oklahoma has concluded, citing last year's U.S. Supreme Court ruling that significantly expanded gun rights. "The mere use of marijuana carries none of the characteristics that the Nation's history and tradition of firearms regulation supports," Wyrick wrote. She called marijuana the most commonly used drug illegal at the federal level. Circuit Court of Appeals cited that decision in declaring unconstitutional a federal law barring people under domestic violence restraining orders from owning firearms. Reporting by Nate Raymond in Boston; Editing by Sandra MalerOur Standards: The Thomson Reuters Trust Principles.
Feb 2 (Reuters) - A U.S. appeals court on Thursday declared unconstitutional a federal law making it a crime for people under domestic violence restraining orders to own firearms. Circuit Court of Appeals is the latest victory for gun rights advocates since a Supreme Court decision last June granting a broad right for people to carry firearms outside the home. In Thursday's decision, Circuit Judge Cory Wilson said banning people under domestic violence restraining orders from owning firearms "embodies salutory policy goals meant to protect vulnerable people in our society." Rahimi had been under a restraining order since Feb. 2020, following his alleged assault of a former girlfriend. It had upheld the federal law last June 8, just over two weeks before the Bruen decision, but withdrew its opinion and ordered additional briefing.
Syracuse University is preparing to implement a process for revoking honorary degrees. "Now that we're moving to implement, we have to wait to formally introduce it through committees and the University Senate." These recommendations were submitted to Syverud and the University Senate, and were combined into a report presented to the Board. The University is reviewing the resolution recently passed by the University Senate to rescind Rudy Giuliani's honorary degree." Apart from Syracuse University — President Joe Biden is a graduate of the Syracuse University College of Law, incidentally — the hold-outs include St. John Fisher University in New York, Loyola University Maryland, The Citadel in South Carolina, and Georgetown University in Washington, DC.
Then there were the reported leaks about Canadian Prime Minister Justin Trudeau taking China’s President Xi Jinping to task for alleged malicious meddling in his country’s elections. What these leaders most detest, as evidenced by Xi’s videotaped temper tantrum with Trudeau, is transparency. Leaders like Xi and Putin are starting to realize their limits, along with the liabilities that come with surrounding themselves with sycophants. What these leaders most detest, as evidenced by Xi’s videotaped temper tantrum with Trudeau, is transparency. Obama held three times as many joint press conferences with world leaders at this point in his presidency.
An oft-overlooked consequence of this is how relaxing gun laws prevents police officers from doing their jobs properly. An oft-overlooked consequence of this is how relaxing gun laws prevents police officers from doing their jobs properly. That’s a bad combination when there is little doubt that America is facing a gun violence crisis. This spike in gun violence comes amid skyrocketing gun sales. Gun violence is both a public safety and a health hazard that deserves the full attention of all who seek to preserve life.
For the world leaders meeting with Biden over the next week, there’s no assurance that he'll be the president they’ll be dealing with for the next six years. The U.S. is unnerved by Chinese military exercises that threaten Taiwan and raise the specter of a future invasion. “Tuesday was a good day for America, a good day for democracy,” Biden said Thursday at a Democratic National Committee event. Another reason that Biden might find the trip more gratifying is that he averted the midterm wipeout that sitting presidents normally endure. Biden’s midterm test went much better.
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