The first season of #LandmarkCases was fantastic, its deep dives into some of the most interesting and consequential Supreme Court decisions in US history. Can't wait to watch season two!
I'm guessing #LandmarkCases will not include the largely overlooked yet historic cases that extended our most fundamental rights to business corporations such as Bank of US v. Derveaux (1809), Santa Clara County v. SPRR* (1886), Hale v. Henkel (1906).
Fortunately, I know where you can find out all about the corporate rights cases....
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Altio's draft opinion is policy masquerading as constitutional law. At critical points in the argument, Alito abandons legal analysis for pure policy preference. At other points, his argument relies on weak evidence. 1/thread
The most obvious resort to policy over constitutional analysis in Alito's opinion is where he tries to assure that overturning Roe will not impact other privacy rights, like interracial marriage. 2
Alito says abortion is different than other privacy rights because there is a fetal life involved. But that isn't a constitutional basis for distinguishing those other rights. It is not based on history & tradition or the nature of constitutional rights. 3
How would Amy Coney Barrett rule on guns? The evidence suggests she has a very expansive view of gun rights, likely even broader than Justice Scalia. She would likely vote to strike down numerous gun laws, incl. red flag laws that have relatively bipartisan support. (Thread)
Barrett has one major opinion on the Second Amendment, her dissent in Kanter v. Barr. That case upheld a blanket ban on felons possessing firearms. Barrett argued that ban was overbroad and unconstitutional. Her opinion offers a window into how she would approach 2A questions. /2
Numerous courts have upheld bans on felons possessing firearms; the issue has been very frequently litigated. Barrett is one of only a handful of judges to rule against the ban. Even Scalia said nothing in Heller was intended to call into question bans on felons having guns. /3
Any dissolution of the NRA would be a boon for other gun rights organizations, who are likely to receive the NRA's assets if dissolved. NY doesn't get to keep the $$, but must give it away to further the donors' objectives -- here, strong protection for 2A rights.
If you just get together all the key players forced out of the NRA by LaPierre this past year--including its president, its political director (and long rumored successor to LaPierre), its longtime DC lawyers, and several directors--you could form a pretty strong gun rights org
Why didn’t NY Atty Gen seek lesser reforms than dissolution of the NRA? In fact, the complaint does ask for lesser measures. But if the abuse is persistent law calls for dissolution.
The New York Attorney General's Office is set to make a major announcement today. The likely target isn't Trump -- it's the @NRA. (Thread)
NY AG has been investigating the NRA for the past year, looking into allegations of fraud, misuse of member funds, and improper insider deals. Allegations emerged out of the messy divorce between the NRA & its longtime ad agency, Ackerman McQueen.
Allegations include Wayne LaPierre, who already makes more than $2 million per year (as the head of a nonprofit!), spending lavishly on travel and clothes, including shopping trips to Zenga in Beverly Hills where he reportedly spent hundreds of thousands of dollars.
While people are appropriately focusing on the historic LGBT cases decided today, the Court's rejection of 10 Second Amendment cases is also quite noteworthy -- and is a major setback to the gun rights movement.
The Court had 10 2A cases to choose from and took none of them. It wasn't for lack of a good case: these 10 presented the justices with all the major open questions on the scope of the 2A, some by leading advocates.
The Court even rejected cases on the right to carry outside the home -- on which there is a clear split in the circuits. The Supreme Court almost *always* takes cases to resolve such circuit splits. But not this time.
Where is the @NRA in the Black Lives Matter protests? I thought the NRA was fighting to make sure that victims of a tyrannical government are armed and defended. Govt tyranny is exemplified by police abuse. (Thread 1/8)
The @NRA, if it truly believed in armed protection for victims of govt tyranny, should be in the very front of the BLM protests. NRA should be encouraging its members to stand up to protect the protestors and their cause. (2/8)
What is the NRA doing instead? It's messaging has been to its white rural base: time to arm up because there is unrest in the streets. The NRA is stoking fear against protestors even tho they are protesting the govt oppression the NRA insists was the motivation for the 2A. (3/8)