Show Notes - SCOTUS Roundup: Gun Rights & The Second Amendment
Show Notes - SCOTUS Roundup: Gun Rights & The Second Amendment
Watch Episode #62 - SCOTUS Roundup Gun Right & The Second Amendment
Appearance On Freedom Hub Thursday November 16, 2023
This Thursday November 16th I will be joining Jim Grapek and Charles Frohman for their Freedom Hub Working Group. We will be discussing the Implied Powers Doctrine…
…As well as discussing my book “Constitutional Sleight Of Hand - An Explicit History Of Implied Powers” Available on Amazon or through My Shop at LegalesePodcast.com
Charles and Jim had me on their show last year where I gave a presentation about Classical Republicanism, Anti-Federalists and the Articles of Confederation.
It made for good watching and I had a blast doing it, and you can be part of the fun by joining us for the livestream event and take part in the Q & A session after my prepared remarks.
The best part is that its absolutely free! All you need to do is sign up for the Freedom Hub’s Thursday Zoom Webinar on their subscription page
Please note— Their page has two subscription forms. To join me, make sure you sign up for the Thursday Freedom Hub group. For more information you can head to their Homepage.
Description
Episode #62
Today on Legalese we will be discussing three cases going before the Supreme Court this term that are centered on gun rights and the second amendment. Two are new cases that the Court just recently granted cert on last week. Garland v Cargill and National Rife Association v Vullo. The third case is revisiting a case we already discussed in my first roundup video on October 2nd 2023. This is United States v Rahimi. The Court heard oral arguments in the case on November 7th. I have a hell of a lot to say about it and we can make a fairly confident prediction about the outcome of this case.
We discussed Garland v Cargill as well back in January when that decision has been handed down by an en banc review out of the fifth circuit. This is the ridiculous “bump stocks are machineguns” case. The Supreme Court has chosen to grant cert and will be reviewing the en banc decision of the fifth circuit that quite properly identified this argument as complete nonsense.
NRA v Vullo is, on its face, a first amendment case, with the NRA claiming that politicians and bureaucrats in New York have been targeting them and using their regulatory power to make other third parties publicly disassociate from any relationship they may have with the NRA. But the reason is so obvious it hardly need to be stated. They are attacking our Nation’s oldest and most successful civil rights advocacy organization because New York is hostile to the particular civil liberty this organization stand for. The NRA are suing on grounds of violating their first amendment rights as well as an equal protection claim. The second circuit upheld some claims of immunity from Maria Vullo, who was being sued in both her individual capacity and her official capacity at the NY Department of Financial Services Superintendent (at the time these questionable acts took place).
The Second Circuit has granted Vullo’s 12(b)(6) motion to dismiss on most grounds, except for one of the first amendment challenges. The Supreme Court has agreed to hear the case on the following question presented:
Does the First Amendment allow a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the government's own hostility to the speaker's viewpoint or (b) a perceived "general backlash" against the speaker's advocacy?
Links
Garland v Cargill
National Rifle Association v Vullo
National Rifle Association of America v. Maria T. Vullo, No. 21-636 (2d Cir. 2022)
Nat'l Rifle Ass'n of Am. v. Cuomo, 1:18-CV-0566, 14 (N.D.N.Y. Sep. 15, 2023)
Antonyuk v. Hochul, 1:22-CV-0986 (GTS/CFH), 184 (N.D.N.Y. Nov. 7, 2022)
United States v Rahimi
Unites States v Rahimi - Oral Arguments (Audio and Transcript)
Garland v Range - Supreme Court Docket Page (Docket No. 23-374)
United States v. Rahimi, No. 21-cr-83 (N.D. Tex. Sept. 27, 2021)
United States v Rahimi - Supreme Court Docket Page (Docket No. 22-915)
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