ABA Journal

Second Amendment

152 ABA Journal Second Amendment articles.

Chemerinsky: Originalism has taken over the Supreme Court

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.

After deadly shootings, ABA House pushes for tighter gun controls

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.

Crusaders protecting the unborn willingly sacrifice the living

“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.

Using Texas’ abortion law playbook, California allows private suits over sales of banned weapons

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.

California governor signs bill allowing citizen plaintiffs to sue over gun violations that cause harm

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.

Chemerinsky: This SCOTUS term moved the law ‘dramatically in a conservative direction’

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.

Chemerinsky: Supreme Court gun ruling puts countless firearms regulations in jeopardy

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.

Winning SCOTUS litigators say Kirkland gave them a choice: Abandon gun clients or leave

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.

Second Amendment protects right to carry a handgun outside the home, Supreme Court rules

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.

Federal judge must reevaluate high school’s ban on T-shirts with gun images, 7th Circuit says

A federal appeals court has ruled that a judge applied the wrong legal standard when he tossed a student’s challenge to his high school’s ban on T-shirts with gun images.

Supreme Court backlog is the largest in percentage terms since at least 1950

More than half of the cases on the U.S. Supreme Court’s docket have yet to be decided.  As of Friday, the court had 33 opinions remaining, which amounts to 53% of its argued cases this term.

Congress should ‘take swift, evidence-informed action’ to stop gun violence, ABA president says

In the wake of recent mass shootings in a supermarket in Buffalo, New York, and at an elementary school in Uvalde, Texas, ABA President Reginald Turner is urging Congress “to take swift, evidence-informed action to dramatically reduce the threat and devastating impacts of gun violence.”

People younger than age 21 have Second Amendment right to buy semi-automatic rifles, appeals court says

California’s ban on the purchase of semi-automatic rifles by most people younger than age 21 violates their Second Amendment rights, a federal appeals court has ruled.

Weekly Briefs: Controversial Florida education bills advance; ban on homebuyer ‘love letters’ blocked

Florida lawmakers pass ‘Don’t Say Gay,’ anti-woke bills

Republican Florida Gov. Ron DeSantis is expected to sign two controversial bills passed by the legislature this week. The “Don’t Say Gay”…

St. Louis lawyers who brandished guns at protesters can continue to practice law

St. Louis lawyers Mark and Patricia McCloskey have received a stayed suspension of their law licenses for brandishing guns as protesters marched through their neighborhood in June 2020.

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