NEW: Colorado Court of Appeals revives lawsuit challenging the state's red flag law (which argues that it wasn't read in full when enacted). Sends case back to lower court for further proceedings. courts.state.co.us/Courts/Court_o…
"The district court agreed with this argument. We don’t."
That footnote
"In doing so, we don’t express any opinion as to the appropriate remedy in this case or any other case concerning the Red Flag law in the event the district court finds for the remaining plaintiffs on the merits of their challenge."
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Fifth Circuit reaffirms stay of OSHA vaccine mandate, says the agency may "take no steps to implement or enforce the Mandate until further court order." dl.airtable.com/.attachments/d…
"The Mandate’s stated impetus—a purported 'emergency' that the entire globe has now endured for nearly two years, and which OSHA itself spent nearly two months responding to—is unavailing as well. And its promulgation grossly exceeds OSHA’s statutory authority."
The school's lawyer: "When these students come to school wearing a shirt with the image of a gun on it, it creates fear and it creates anxiety amongst their classmates."
One of the judges: "High school students are not exposed to images of guns on a routine basis? They're ubiquitous in our society."
Judge Sykes asks if there's a gun-free school zone sign outside the building, says if "images of firearms appear in other forms in the school, it's hard to argue that seeing it on someone's t-shirt is going to substantially disrupt the learning environment."
Judge Hardiman asks NJ what prompted the investigation into S&W's advertising. NJ says it was "several things," including ads that say the company's guns are "the most accurate and reliable."
NJ lawyer now arguing with multiple judges as to why it needs to investigate a gun company for claiming its products are "the most accurate and reliable."
Scirica asks if it could be "characterized as puffery." NJ lawyer says she doesn't think so.
"This effort within The Bronx Defenders really took off because our colleague Christopher Smith had gone down to Texas, and observed firsthand just how just commonplace it was for folks to have weapons, to have guns, and for no one to bat an eyelash."
"His experience directly contrasted with our experience as public defenders in New York City, where we are seeing people engage in the exact same conduct and end up on Rikers Island."
"And a lot of the people who support criminal law reform in New York have never really squarely addressed what to do with people possessing firearms for self-defense."