Second Amendment
158 ABA Journal Second Amendment articles.
Still no SCOTUS opinions in argued cases
The U.S. Supreme Court has set a record by failing to issue opinions in argued cases this term. Usually, the high court issues…
Jan 20, 2023 3:25 PM CST
New York’s new concealed-carry restrictions remain in place during appeals as a result of an order Wednesday by the U.S. Supreme Court.
Jan 11, 2023 10:38 AM CST
There are pivotal years in constitutional law: 1787, when the Constitution was ratified; 1791, when the Bill of Rights was adopted; 1868, when the Fourteenth Amendment was enacted; 1937, when the Supreme Court overturned 40 years of precedents that had limited the power of Congress and state legislatures to protect workers and consumers; 1969, when the liberal Warren Court ended, and the more conservative Burger Court began. And 2022 was such a decisive turning-point year.
Dec 23, 2022 8:35 AM CST
A man who pleaded guilty to understating his lawn-mowing income to obtain $2,458 in food stamps had no Second Amendment right to own a gun, a federal appeals court ruled Wednesday.
Nov 17, 2022 11:39 AM CST
U.S. District Judge Carlton Reeves said he isn’t a trained historian, and neither are U.S. Supreme Court justices who ruled in June that gun regulations can’t be upheld unless they are consistent with historical tradition.
Nov 2, 2022 10:15 AM CDT
New York Attorney General Letitia James has said she will appeal a ruling partially blocking New York’s concealed-carry restrictions, including the law’s designation of Times Square as a sensitive location where guns are banned.
Oct 7, 2022 10:19 AM CDT
The U.S. Supreme Court term that ended on June 30 was the most originalist in American history. In case after case, the court professed that the meaning of a constitutional provision is to be determined by the original understanding at the time when it was adopted. Some of the justices—Clarence Thomas, Neil Gorsuch and Amy Coney Barrett—are self-avowed originalists. All of the conservatives often write their opinions in originalist language and sign on to expressly originalist decisions.
Sep 6, 2022 8:00 AM CDT
One resolution urges lawmakers to prevent gun purchases from moving forward by default after three business days even if the check is incomplete. The second calls for more to be done to prevent violent dating partners and stalkers from buying or owning firearms.
Aug 9, 2022 3:53 PM CDT
“The conservatives of the U.S. Supreme Court, through rulings blocking gun control, greenlighting executions, condoning abortion-provider bounty hunting and forced maternal labor, has demonstrated a ghastly tolerance for violence,” writes ABA Journal Assistant Managing Editor Liane Jackson, the author of Intersection, a column that explores issues of race, gender and law across America’s criminal and social justice landscape.
Aug 1, 2022 1:30 AM CDT
Democratic California Gov. Gavin Newsom signed a bill Friday that allows private parties to sue anyone who imports, makes, sells or distributes weapons banned for sale in California.
Jul 25, 2022 12:22 PM CDT
California Gov. Gavin Newsom has signed a bill authorizing lawsuits against gun makers and dealers for harm caused by business practices that violate state gun regulations.
Jul 14, 2022 9:45 AM CDT
The U.S. Supreme Court's October 2021 term was one of the momentous in history. The only analogy I can think of is 1937 for its dramatic changes in constitutional law. This is the first full term with Justice Amy Coney Barrett on the high court, and we saw the enormous effects of having a 6-3 conservative majority.
Jul 7, 2022 8:46 AM CDT
It was no surprise that the U.S. Supreme Court declared unconstitutional the New York law limiting concealed weapons in public. Given the ideological composition of the court and the tenor of the oral argument in the case, that result was expected. The surprise was how the court did this, providing greater protection for Second Amendment rights than virtually any other in the Constitution.
Jun 29, 2022 10:10 AM CDT
The appellate litigators who established a Second Amendment right to carry guns outside the home in the U.S. Supreme Court are leaving Kirkland & Ellis because of a decision by the law firm.
Jun 27, 2022 9:24 AM CDT
The U.S. Supreme Court on Thursday struck down New York’s requirement that “proper cause” must be shown to obtain a concealed-carry gun license.
Jun 23, 2022 9:42 AM CDT
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