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Author Archives: Kevin Daley

Gunmaker Will Appeal To The Supreme Court In Sandy Hook Victims Lawsuit

Gun manufacturer Bushmaster Firearms will appeal to the U.S. Supreme Court after a panel of Connecticut judges said nine victims of the 2012 Sandy Hook Elementary School massacre can sue the company despite a federal law shielding gunmakers from most lawsuits. Bushmaster produced the XM15 rifle shooter Adam Lanza used to kill 26 people at the Sandy Hook Elementary School ...

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Justice Neil Gorsuch To Drop Book On Constitution, Supreme Court Confirmation

Supreme Court Justice Neil Gorsuch will publish a book of reflections and essays touching both personal experiences and important themes of American law and the Constitution. Titled “A Republic, If You Can Keep It,” the book relays “personal stories that have shaped [Gorsuch’s] life and outlook, from his upbringing in Colorado to his 2017 Supreme Court confirmation process,” according to ...

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Some Think Clarence Thomas Might Retire Soon, But He Does Not

Supreme Court Justice Clarence Thomas denied any interest in retirement this weekend, telling a friendly audience in Beverly Hills, California that he has no plans to leave judicial service in the near future. Speaking at Pepperdine University School of Law’s annual dinner, the 70-year-old Thomas emphatically denied speculation that he will leave the Supreme Court, amid speculation that he may ...

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Supreme Court Turns Down Bid To Stop Trump’s Bump Stock Ban

Bump Fire Stock

The Supreme Court has turned down two bids to halt the Trump administration’s ban on bump stocks, an accessory that increases a semiautomatic rifle’s rate of fire. The new federal prohibition, prompted by the deadly Harvest music festival massacre in Las Vegas on Oct. 1, 2017, took effect Tuesday. Chief Justice John Roberts rejected one application to stay the bump stock ...

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Supreme Court Hears Opening Skirmish In War Against The Administrative State

US Supreme Court

The Supreme Court heard a direct challenge to a major component of federal agency law Wednesday called Auer deference.  “Auer deference” says judges should defer to an agency interpretation of its own regulation.  Auer is one of several doctrines conservatives have attacked as part of a broader struggle against the administrative state.  The Supreme Court grappled with a major question ...

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All Eyes On Roberts, Kavanaugh As Supreme Court Hears Historic Gerrymandering Cases

The Supreme Court weighed a pair of cases Wednesday that ask the justices to police partisanship in the redistricting process.  The cases come from North Carolina and Maryland, where the party in power skewed district lines to their advantage.  The disputes deeply divided the Court, with Chief Justice John Roberts and Justice Brett Kavanaugh likely holding the decisive votes.  The ...

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Supreme Court Turns Down Mueller Mystery Appeal

US Supreme Court

The Supreme Court denied an appeal Monday from an unknown foreign entity disputing a grand jury subpoena issued in connection with special counsel Robert Mueller’s investigation, which is now complete. Little is known of the case, which is under seal — the identity of the foreign corporation, the country in which it is based, and the nature of the subpoena ...

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Avenatti Indicted By Federal Prosecutors on Multiple Felony Counts

Michael Avenatti

Federal prosecutors indicted attorney and celebrity Trump foe Michael Avenatti early Monday afternoon. Federal authorities say that Avenatti has been charged with bank fraud and wire fraud by attempting “to extract more than $20 million in payments from a publicly traded company by threatening to use his ability to garner publicity to inflict substantial financial and reputational harm on the ...

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When Clarence Thomas Speaks

Supreme Court Justice Clarence Thomas did something extraordinary on Wednesday. He spoke. Appearing before the Supreme Court is rather like meeting your spouse’s family for the first time — the questions are relentless, probing, and impolite. One hundred questions over the course of an hour-long argument is typical. Attorneys arguing cases can expect an interruption from a justice just moments ...

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Brett Kavanaugh To Spend Summer Teaching Overseas

Justice Brett Kavanaugh has joined the faculty of George Mason University’s Antonin Scalia Law School, where he will co-teach a summer course in the United Kingdom on the origins of the Constitution. Kavanaugh, who has evaded public attention following his bitter confirmation in October 2018, will remain in England for nearly six weeks while the Court is on its summer ...

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He’s Been Tried Six Times For The Same Quadruple Murder. Now The Supreme Court Is Involved

Curtis Flowers, a death row inmate, has been tried six times in connection with a brutal quadruple homicide in Mississippi.  Each trial has ended in either a hung jury or a conviction reversed on appeal due to prosecutorial misconduct. The Supreme Court will decide what evidence Flowers can use to argue that the prosecution skewed a jury along racial lines ...

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2A Groups Stunned After Court Allows Sandy Hook Families To Sue Gun Makers

Second Amendment advocacy groups are denouncing a state court decision allowing families of several Sandy Hook victims to sue a gun manufacturer. The manufacturer, Bushmaster Firearms, produced and marketed the XM15, which shooter Adam Lanza used to kill over 20 people.  The Connecticut Supreme Court said the plaintiffs can try and convince a jury that Bushmaster’s marketing campaign for the ...

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Supreme Court Backs Trump Power To Detain Migrants Who Commit Crimes

A deeply divided Supreme Court ruled that immigration authorities can detain noncitizens for possible deportation long after they serve prison sentences for criminal convictions. The American Civil Liberties Union (ACLU) had argued that federal law imposes a strict time limit on when government officials can detain aliens for deportation after they are released from jail. Thousands of noncitizens could be ...

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Court-Packing Emerges As Litmus Test In 2020 Democratic Primary

US Supreme Court

A growing number of Democratic presidential candidates are entertaining a push to add seats to the Supreme Court, as Republican success at filling the courts with judicial conservatives has infuriated progressive voters. Democratic presidential candidates Kamala Harris, Elizabeth Warren, Robert “Beto” O’Rourke, Pete Buttigieg, and Kirsten Gillibrand have expressed willingness to consider proposals for expanding the composition of the Supreme ...

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Supremes To Decide If States Can Prosecute Illegal Immigrants For Identity Theft

US Supreme Court

The U.S. Supreme Court will decide whether the states can prosecute illegal aliens for using fraudulent information to obtain employment, the justices announced Monday. The case, which arose in Kansas, could feature prominently on the Court’s docket next term, as it touches illegal immigration and will likely be heard as ballots are cast in the Democratic presidential primary. “I am ...

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