Everything old is new again, and court-packing is no exception. In 1937, faced with a conservative Supreme Court that consistently invalidated his New Deal legislation, President Roosevelt announced a plan to increase the size of the court and add justices who would rule in his favor. It was a bridge too far. While Roosevelt’s plan [...]
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In April, the Pre-Trial Chamber (PTC) of the International Criminal Court (ICC) refused to authorize an investigation into alleged war crimes that have been committed in Afghanistan since 2003. The Prosecutor’s 20,000-page request, issued in November 2017, would have opened a broad investigation, including a probe into possible war crimes committed by U.S. military personnel. [...]
On June 17, 2015, Dylan Roof burst into a prayer service at Emanuel A.M.E. Church in Charleston, South Carolina with a .45 caliber Glock. He killed nine churchgoers and injured another. In the aftermath of the shooting, the FBI explained that Roof “should not have been allowed to purchase the gun he allegedly used that [...]
The September 2018 decision of Federal District Judge Troy Nunley in Tracy Rifle and Pistol LLC v. Harris is noteworthy for at least two reasons. First, the decision invalidated a California law prohibiting firearms retailers from displaying on the exterior of their premises any readily visible “handgun or imitation handgun, or placard advertising the sale or other [...]
The Right to be Armed: The Ninth Circuit Giveth Then Taketh Away
The joy and amazement Second Amendment supporters felt in July at two Ninth Circuit Appeals Court opinions were dashed in August when, in Pena v. Lindley the Ninth Circuit upheld California’s Unsafe Handgun Act banning purchase of new handguns that lack technology no current gun has and no manufacturer is contemplating. Although the two July opinions [...]
Federal judge dismisses suit challenging Massachusetts weapon ban
A judge for the US District Court for the District of Massachusetts on Friday dismissed a lawsuit challenging the Massachusetts weapon ban, finding that the weapons banned fall outside of the scope of the Second Amendment...
JURIST Guest Columnist Allen Rostron of the University of Missouri-Kansas City School of Law discusses policy and constitutional concerns about the Concealed Carry Reciprocity Act, which would expand the right to carry concealed guns outside one's home state...For years, liberals...
The US Supreme Court on Monday denied review of two challenges to state gun restrictions backed by the National Rifle Association (NRA) . The first was a challenge to Maryland's ban on semi-automatic...
JURIST Guest Columnist Pacifique Manirakiza of the University of Ottawa discusses the effectiveness of Burundi's withdrawal from ICC...On October 27th, 2017 Burundi became the first State Party to withdraw from the Rome Treaty creating the International Criminal Court (ICC), in...
Federal appeals court: no Second Amendment right to sell firearms
The US Court of Appeals for the Ninth Circuit , sitting en banc, ruled Tuesday that "a textual and historical analysis of the Second Amendment demonstrates that the Constitution does not confer a freestanding...