First, we emphasize that Heller recognized a right centered on self-defense—but our traditions narrowly define when people are lawfully allowed to use lethal force in self-defense.
The history of self-defense principles thus confirms important limits on Second Amendment rights.
Second, we highlight that the plaintiffs advance a startling, dangerous claim: that the Constitution mandates a substantial role for private violence and the threat of such violence in sustaining public safety.
We show the many ways in which the Constitution rejects that notion.
Finally, we warn that unbounded public carry rights will threaten core First Amendment protections—especially for women and racial minorities.
In this Nation, we do not exalt private violence and vigilante justice over our shared commitment to democracy and the rule of law.
We conclude: "An individual right to keep and bear arms for potential future self-defense offers no warrant to turn public squares into dueling grounds."
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I'm a lawyer who worked on the impeachment. Trump was charged with a plot to subvert democratic elections and sabotage checks & balances. We *expressly* alleged this was a pattern in his behavior. And we *expressly* urged removal because it was clear he'd attack democracy again.
As the House Judiciary Committee pointedly noted in its report supporting impeachment, "Every day that this Committee fails to act is thus another day that the President might use the powers of his office to rig the election while ignoring or injuring vital national interests."
And once more here: "A President who acts this way believes he stands above the law ... Unless he is stopped, President Trump will continue to erode our democracy and the fundamental values on which the Nation was founded."
"There is not a single person in the United States—not the President and not anyone else—whose job description includes slandering women they sexually assaulted."
Tonight, @kaplanrobbie & I filed our brief opposing DOJ's effort to hijack @ejeancarroll's case against Donald Trump
As is always true of filings at @KaplanHecker, it reflects a team effort and vital contributions from many extraordinary colleagues.
Last month, @LeahLitman published a powerful @PostEverything analysis of the case (which we quote in our brief), explaining why DOJ's motion to substitute the United States as the defendant is both meritless and deplorable
Today was @tribelaw's last day in the classroom at Harvard Law School
Of course, he will continue to teach us all in op-eds, essays, tweets, TV appearances, and many other settings
Still, I'd like to mark the occasion & celebrate my friend, mentor, hero, and co-author
Without exaggeration, @tribelaw is one of the most important legal thinkers in American history. His legacy and contributions are hard to overstate. Few judges -- indeed, few #SCOTUS justices -- come anywhere close to matching his influence or mastery of the Constitution.
Yet in many ways, @tribelaw has been just as influential through his teaching as his scholarship and advocacy
Generations of bright-eyed students at @Harvard_Law have explored the Constitution -- its secrets, structure, harmony, and history -- under his masterful tutelage
BREAKING: Major opinion from the Second Circuit in Federal Defenders of New York v Bureau of Prisons
"The Defenders describe a course of events that demands the attention of all components of the system that our country relies on for meting out justice."
In its powerful, unanimous decision -- authored by all three judges on the panel (Walker, Parker, Carney) -- the Second Circuit emphasizes the importance of "real-time, comprehensive solutions" to healthy & safety crises at federal prisons.
This lawsuit was filed after the Metropolitan Detention Center in Brooklyn lost heat and power last winter, causing a humanitarian crisis & illegal limits on attorney access
Here, the Second Circuit also highlights the "drastic challenge" to prison safety "presented by COVID-19"
On October 15, I joined the staff of the House Judiciary Committee to serve among counsel for the impeachment inquiry. Since then, I've worked alongside extraordinarily talented lawyers, officials & public servants in defense of our democracy. Today was my last day in that role.
I am eternally grateful to @RepJerryNadler and his team for welcoming me aboard. It was an honor to share offices with @NormEisen, @BarryBerke, @SarahIstel, and many other brilliant, hardworking members of the Judiciary Committee staff.
Indeed, amid debate over the #TransBan and #TravelBan, I wrote an op-ed for @PostOpinions in *March 2018* identifying this animus-laundering strategy and warning that we could expect to see a lot more of it