Gun-control backers concerned about changing federal courts

Lawyer Blog Post 2019/08/08 09:13   Bookmark and Share
California has some of the toughest gun laws in the nation, including a ban on the type of high-capacity ammunition magazines used in some of the nation’s deadliest mass shootings.

How long those types of laws will stand is a growing concern among gun control advocates in California and elsewhere.

A federal judiciary that is becoming increasingly conservative under President Donald Trump and the Republican-controlled U.S. Senate has gun control advocates on edge. They worry that federal courts, especially if Trump wins a second term next year and Republicans hold the Senate, will take such an expansive view of Second Amendment rights that they might overturn strict gun control laws enacted in Democratic-leaning states.

The U.S. Supreme Court so far has left plenty of room for states to enact their own gun legislation, said Adam Winkler, a gun policy expert at the University of California, Los Angeles School of Law. But he said the success of the Trump administration in appointing federal judges, including to the high court, could alter that.

“Those judges are likely to be hostile to gun-control measures,” Winkler said. “So I think the courts overall have made a shift to the right on guns. We’ll just have to see how that plays out.”

The legal tug-of-war already is playing out in California.

The state banned the sale of high-capacity ammunition magazines nearly two decades ago as one of its numerous responses to deadly mass shootings; a voter initiative passed three years ago expanded on that, banning all ammunition magazines holding more than 10 rounds even among gun owners who already possessed them.

Earlier this year, a Republican-appointed federal judge overturned the ban, triggering a weeklong bullet buying spree among California gun owners before he put his decision on hold pending appeal. The same judge is overseeing another lawsuit brought by gun-rights groups that seeks to repeal a state law requiring background checks for ammunition buyers.

Legal experts, lawmakers and advocates on both sides said the decision in the case over ammunition limits foreshadows more conflicts between Democratic-leaning states seeking to impose tighter gun laws and an increasingly conservative federal judiciary.

“What you’re looking at in the Southern District of California is happening all over the country,” said Frank Zimring, a University of California, Berkeley law professor who is an expert on gun laws.
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Man in A$AP Rocky case allegedly hit with bottle, kicked

Lawyer Blog Post 2019/07/26 09:59   Bookmark and Share
The man allegedly assaulted by American rapper A$AP Rocky and two other men in Stockholm was kicked while on the ground and hit with a bottle, Swedish prosecutors said in court documents obtained Friday by The Associated Press.

The 500 pages of documents also included allegations that Rocky pushed the man to the ground and photos of the alleged victim's cuts, bruises and blood-stained clothes.

The Grammy-nominated rapper and the two others "deliberately, together and in agreement" attacked the man, identified as Mustafa Jafari, on June 30, prosecutors said in the Stockholm District Court documents.

Rocky, whose real name is Rakim Mayers, has said he acted in self-defense. He has been in custody since July 3 and faces charges that carry a maximum sentence of two years in prison.

A lawyer for Jafari, Magnus Stromberg, said the alleged beating started when one of A$AP Rocky's guards "grabbed him by the neck and dragged him away." Jafari didn't provoke the assault, and "this situation has been very stressful for him," Stromberg said.
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US appeals court sides with Trump in lawsuit involving hotel

Lawyer Blog Post 2019/07/09 14:10   Bookmark and Share
A federal appeals court threw out a lawsuit accusing President Donald Trump of illegally profiting off the presidency through his luxury Washington hotel, handing Trump a significant legal victory Wednesday.

A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously overturned the ruling of a federal judge in Maryland who said the lawsuit could move forward.

The state of Maryland and the District of Columbia sued in 2017, claiming Trump has violated the emoluments clause of the Constitution by accepting profits through foreign and domestic officials who stay at the Trump International Hotel. The case is one of three that argue the president is violating the provision, which prohibits federal officials from accepting benefits from foreign or state governments without congressional approval.

In the case before the 4th Circuit, the court found the two jurisdictions lack standing to pursue their claims against the president, and granted a petition for a rare writ of mandamus, directing U.S. District Court Judge Peter Messitte to dismiss the lawsuit.

Trump heralded the decision in a tweet, saying, "Word just out that I won a big part of the Deep State and Democrat induced Witch Hunt." Trump tweeted that he doesn't make money but loses "a fortune" by serving as president.

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High court strikes down ‘scandalous’ part of trademark law

Lawyer Blog Post 2019/06/25 10:59   Bookmark and Share
The Supreme Court struck down a section of federal law Monday that prevented businesses from registering trademarks seen as scandalous or immoral, handing a victory to California fashion brand FUCT.

The high court ruled that the century-old provision is an unconstitutional restriction on speech. Between 2005 and 2015, the United States Patent and Trademark Office ultimately refused about 150 trademark applications a year as a result of the provision. Those who were turned away could still use the words they were seeking to register, but they didn’t get the benefits that come with trademark registration. Going after counterfeiters was also difficult as a result.

The Trump administration had defended the provision, arguing that it encouraged trademarks that are appropriate for all audiences.

The high court’s ruling means that the people and companies behind applications that previously failed as a result of the scandalous or immoral provision can re-submit them for approval. And new trademark applications cannot be refused on the grounds they are scandalous or immoral.

Justice Elena Kagan said in reading her majority opinion that the most fundamental principle of free speech law is that the government can’t penalize or discriminate against expression based on the ideas or viewpoints they convey. She said Lanham Act’s ban on “immoral or scandalous” trademarks does just that.

In an opinion for herself and five colleagues, both conservatives and liberals, Kagan called the law’s immoral or scandalous provision “substantially overbroad.”

“There are a great many immoral and scandalous ideas in the world (even more than there are swearwords), and the Lanham Act covers them all. It therefore violates the First Amendment,” she wrote.

Kagan’s opinion suggested that a narrower law covering just lewd, sexually explicit or profane trademarks might be acceptable.

The justices’ ruling was in some ways expected because of one the court made two years ago . In 2017, the justices unanimously invalidated a related provision of federal law that told officials not to register disparaging trademarks, finding that restriction violated the First Amendment. In that case, an Asian-American rock band sued after the government refused to register its band name, “The Slants,” because it was seen as offensive to Asians.
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Supreme Court upholds cross on public land in Maryland

Lawyer Blog Post 2019/06/24 10:56   Bookmark and Share
A World War I memorial in the shape of a 40-foot-tall cross can continue to stand on public land in Maryland, the Supreme Court ruled Thursday.

The justices, in ruling 7-2 in favor of the cross' backers, concluded that the nearly 100-year-old memorial's presence on a grassy highway median doesn't violate the First Amendment's establishment clause, which prohibits the government from favoring one religion over others.

The case had been closely watched because it involves the place of religious symbols in public life. Defenders of the cross in Bladensburg had argued that a ruling against them could doom of hundreds of war memorials that use crosses to commemorate soldiers who died.


"The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent," Justice Samuel Alito wrote.

"For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices to our Nation. For others still, it is a historical landmark. For many of these people, destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment. For all these reasons, the Cross does not offend the Constitution," he wrote.
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Feds: US Supreme Court should turn down 'Bridgegate' appeal

Lawyer Blog Post 2019/05/16 09:16   Bookmark and Share
The U.S. solicitor general's office has recommended that the U.S. Supreme Court not hear the appeal of two convicted defendants in the "Bridgegate" case, nudging the four-year legal saga of New Jersey's most famous traffic jam toward a conclusion.

"Further review is not warranted," the brief filed late Wednesday said. The Supreme Court is expected to decide whether to hear the case by the end of its term next month.

Bridget Kelly and Bill Baroni want the court to hear the appeal of their 2016 convictions for causing gridlock near the George Washington Bridge to punish a mayor for not endorsing their boss, former Republican Gov. Chris Christie.

Christie wasn't charged, but the revelations from the scandal and conflicting accounts of when he knew about the plot combined to sabotage his 2016 presidential aspirations.

Kelly, Christie's former deputy chief of staff at the time of the 2013 lane realignments in the town of Fort Lee, and Baroni, deputy executive director of the Port Authority of New York and New Jersey, had their sentences reduced this spring after a federal appeals court tossed some convictions last fall. Kelly petitioned the Supreme Court to consider the rest of the convictions, and Baroni joined in the appeal.

They argued that while their actions may have been ethically questionable, they weren't illegal because neither derived personal benefit, and the Port Authority, which operated the bridge, wasn't deprived of tangible benefits as a result of the scheme.
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