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Supreme Court rules Americans have a right to own guns
Headline Legal News |
2008/06/26 07:39
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| pThe Supreme Court ruled Thursday that Americans have a right to own guns for self-defense and hunting, the justices' first major pronouncement on gun rights in U.S. history./ppThe court's 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact./ppThe court had not conclusively interpreted the Second Amendment since its ratification in 1791. The amendment reads: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed./ppThe basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia./ppWriting for the majority, Justice Antonin Scalia said that an individual right to bear arms is supported by the historical narrative both before and after the Second Amendment was adopted./ppThe Constitution does not permit the absolute prohibition of handguns held and used for self-defense in the home, Scalia said. The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns./ppIn a dissent he summarized from the bench, Justice John Paul Stevens wrote that the majority would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons./ppHe said such evidence is nowhere to be found./ppJustice Stephen Breyer wrote a separate dissent in which he said, In my view, there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas./ppJoining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. The other dissenters were Justices Ruth Bader Ginsburg and David Souter./ppGun rights supporters hailed the decision. I consider this the opening salvo in a step-by-step process of providing relief for law-abiding Americans everywhere that have been deprived of this freedom, said Wayne LaPierre, executive vice president of the National Rifle Association./ppThe NRA will file lawsuits in San Francisco, Chicago and several of its suburbs challenging handgun restrictions there based on Thursday's outcome./ppThe capital's gun law was among the nation's strictest./p |
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Officer Isn't Immune For Cheap Shot To Fellow Cop
Headline Legal News |
2008/06/25 07:36
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A police officer exceeded the limits of his qualified immunity when he repeatedly stomped a prone man in the groin, the D.C. Circuit ruled.
The victim of Officer Jeffrey Bruce's attack was fellow Officer Juan Johnson.
Johnson's off-duty act of kindness to a stranger in distress landed him in the middle of a drug bust in which he was repeatedly kicked in the groin by a police officer who mistook him for a criminal, Judge Griffith explained.
Johnson unwittingly helped a stranger escape from stick-up guys, who turned out to be police officers.
The stranger was Andre Clinton, who was running from police after selling drugs to an undercover officer.
When the police arrived, Johnson was unable to convince the officers that he was one of them, so he lay down on the ground. Bruce then put the boots to Johnson before realizing his mistake.
A reasonable officer would not have kicked the surrendering suspect in the groin, Judge Griffith wrote. Johnson ... spread his arms and legs in a manner announcing submission.
Griffith also wrote that Bruce should not have attacked Johnson's groin.
Striking the groin is the classic example of fighting dirty, Griffith wrote. From the schoolyard scrapper to the champion prizefighter, no pugilist takes lightly the threat of a hit below the belt.
Johnson reported passing blood in his urine after the incident. |
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Legal help too slow in Texas arrest, high court says
Headline Legal News |
2008/06/24 08:06
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| A man whose life was turned upside-down by a wrongful arrest and weeks in jail should have been given access to a lawyer sooner so he could have shown the arrest was erroneous, the U.S. Supreme Court decided Monday.pThe high court ruled 8-1 in favor of Walter Rothgery. In 2004, three weeks after he arrived from Arizona to take a job managing an RV park in Gillespie County, Rothgery was arrested for carrying a gun as a convicted felon. No lawyer was provided at his first court hearing and his wife used their last $500 for bail./ppThe arrest was based on a mistake in a computer database that showed he was a felon, which left him unable to find a full-time job. By the time he was indicted six months later, he was broke, his bond had tripled and he was sent back to a county jail 100 miles from his home./ppA sympathetic warden helped Rothgery find an attorney to obtain documentation showing he had no felony record. He was released and the weapons charge finally was dropped./ppRothgery sued Gillespie County for violating his constitutional right to counsel. When a federal court and the 5th U.S. Circuit Court of Appeals rejected the case, his attorneys went to the Supreme Court. The ruling Monday returns his lawsuit to the lower courts./ppTexas really is part of America now, Rothgery, 57, told The Associated Press on Monday from Llano, where he works in an equipment rental store. I am fairly pleased. I was trying to keep an even keel. It got harder as we got to the end of June./ppNow I can let it loose. Before I was trying to hold back and try not get my hopes too high./ppRothgery's lawyers argued Texas should provide a defense lawyer for indigent clients once they've made a first appearance before a magistrate, even if no prosecutor was present./p |
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Court rejects case on fast track for border fence
Headline Legal News |
2008/06/23 07:29
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| The Supreme Court on Monday turned down a plea by environmental groups to rein in the Bush administration's power to waive laws and regulations to speed construction of a fence along the U.S.-Mexican border.pHomeland Security Secretary Michael Chertoff has used authority given to him by Congress in 2005 to ignore environmental and other laws and regulations to move forward with hundreds of miles of fencing in Arizona, California, New Mexico and Texas./ppThe case rejected by the court involved a two-mile section of fence in the San Pedro Riparian National Conservation Area near Naco, Ariz. The section has since been built./ppI am extremely disappointed in the court's decision, Rep. Bennie Thompson, D-Miss., said. This waiver will only prolong the department from addressing the real issue: their lack of a comprehensive border security plan./ppThompson chairs the House Homeland Security Committee. He and 13 other House democrats — including six other committee chairs — filed a brief in support of the environmentalists' appeal./ppEarlier this year, Chertoff waived more than 30 laws and regulations in an effort to finish building 670 miles of fence along the southwest border. Administration officials have said that invoking the legal waivers — which Congress authorized in 1996 and 2005 laws — will cut through bureaucratic red tape and sidestep environmental laws that currently stand in the way of fence construction. /p |
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1st black La. Supreme Court justice dies at 84
Attorney News |
2008/06/23 07:29
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| Revius Ortique Jr., the first black justice on the Louisiana Supreme Court, has died of complications from a stroke. He was 84.pCurrent Supreme Court Justice Kitty Kimball says Ortique died Sunday./ppOrtique was elected to the court in 1992, but had to step down two years later when he reached the state's mandatory retirement age for judges at 70./ppAs a civil rights lawyer in the 1950s and '60s, he helped integrate state labor unions and sued to get equal pay for black workers./ppHe held several presidential appointments, including a stint as an alternate delegate to the United Nations under President Clinton./p |
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Court will review $2.8 million award to Iranian
Legal News |
2008/06/22 08:50
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| The Supreme Court will review a ruling that allows the brother of an Iranian terrorism victim to collect $2.8 million.pThe justices said Monday they will consider overturning a decision by the 9th U.S. Circuit Court of Appeals in San Francisco in the case of Dariush Elahi, who is seeking the money as compensation for the killing of his brother, Cyrus, in Paris in 1990./ppFrench authorities blamed the Iranian government for the killing./ppIn 2000, Dariush Elahi sued Iran in federal court in Washington. The Iranian government failed to respond to the lawsuit and, after a trial, a judge awarded Elahi $11.7 million in compensatory and $300 million in punitive damages./ppWhen Dariush Elahi accepted $2.3 million from the U.S. government under a law that allows terrorism victims to collect damages from the U.S. Treasury, lawyers for the Bush administration and the Iranian government said he relinquished his claim to the rest of the original judgment./ppBut the appeals court said that he is entitled to collect another $2.8 million from a California company that owes Iran for a canceled weapons shipment./p |
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