ABA Journal

Second Amendment

129 ABA Journal Second Amendment articles.

Supreme Court seems to be ‘reshaping itself in Justice Thomas’ image,’ op-ed says

We may be seeing the emergence of the “Thomas Court,” as the 6-3 conservative majority on the U.S. Supreme Court considers cases involving abortion, religious freedom and gun rights this term, according to a New York Times op-ed.

The Supreme Court is in the building—contentious rulings behind, more major cases ahead

U.S. Supreme Court justices are hanging up their phones after a year and a half of teleconference arguments because of the pandemic and returning to the bench for the new term that begins Monday.

Chemerinsky: Expect a truly extraordinary year at the Supreme Court

Every Supreme Court term has important decisions that change the law and affect people’s lives, but some years are blockbusters in the number of high-profile, significant rulings. The October 2021 term, which begins on Monday, Oct. 4, promises to be such a year. It is the first full term with the court’s current composition.

4th Circuit vacates decision striking down age limit for handgun sales; is opinion still a ‘persuasive source’?

A federal appeals court has vacated its July decision finding that youths ages 18, 19 and 20 have a Second Amendment right to own handguns.

New York and other states have the right to limit concealed weapon permits, ABA says in amicus brief

State and local governments have long had the right to tailor firearm regulations to their own judgments about how best to protect public health and safety, the ABA told the U.S. Supreme Court on Tuesday.

Dershowitz: Texas abortion bounty approach could be adopted in states that want to ban handgun ownership

Alan Dershowitz, a professor emeritus at Harvard Law School, is suggesting a political response to the Texas abortion law that offers $10,000 to private citizens who sue those who help secure abortions after about six weeks of pregnancy.

3rd Circuit revives Second Amendment challenge to zoning restrictions on gun club

A federal appeals court on Tuesday said a federal judge should take another look at a Second Amendment challenge to a Pennsylvania township’s zoning restrictions on “sportsman’s clubs” shooting ranges.

Afternoon Briefs: Suit tossed over ‘stateless’ BigLaw partners; Lafayette Square claims dismissed

Perkins Coie wins suit dismissal because of ‘stateless’ partners

The 7th U.S. Circuit Court of Appeals at Chicago has ruled that former Trump campaign adviser Carter Page can’t sue Perkins…

Afternoon Briefs: Judge compares AR-15 to Swiss Army knife; suit claims GC wasn’t rehired because of long-haul COVID-19

Federal judge strikes down ban on assault weapons

Citing the Second Amendment, U.S. District Judge Roger Benitez of the Southern District of California struck down California’s ban on assault weapons…

SCOTUS will consider Second Amendment right to carry a gun outside the home

The U.S. Supreme Court on Monday agreed to decide whether the state of New York violates the Second Amendment when it denies law-abiding citizens the right to carry handguns outside the home for self-defense.

Gun owners have no unfettered right to carry their weapons in public, en banc appeals court says

The Second Amendment doesn’t protect an unfettered right to openly carry a gun or pistol in public, according to the en banc 9th U.S. Circuit Court of Appeals at San Francisco.

Afternoon Briefs: BigLaw firm offers gifts on top of bonuses; second state adopts consumer privacy law

Associates at this BigLaw firm get pricey gifts

Associates at Davis Polk & Wardwell are getting a choice of gifts as a thanks for their hard work during the COVID-19…

Restrictions on firearms in government buildings and polling places should be considered, says ABA House

In the wake of the recent attack on the U.S. Capitol, death threats against election officials and the sight of armed groups at state capitols, the ABA House of Delegates on Monday called for restrictions on firearms in some government buildings and polling places.

Lawyers involved in the gun debate are primed for the Supreme Court to take the next big case

As fatal police shootings and gun violence ravage Black communities, and mass shootings and active shooter drills have become ingrained in the American experience, local and state governments have countered the threat by creating more gun laws. As gun rights groups have fought those laws in the courts, it’s become a common refrain that trial judges are flouting the U.S. Supreme Court’s ruling in District of Columbia v. Heller and undermining Second Amendment rights.

SCOTUS will consider constitutionality of home search during gun owner’s hospital visit

The U.S. Supreme Court on Friday agreed to decide whether a police search of a gun owner’s home while he was in the hospital for a suicide evaluation was justified under an exception to the Fourth Amendment.

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