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Federal Judge rules California assault weapons ban unconstitutional
Court News | 2023/10/20 17:38
A federal judge who previously overturned California’s three-decade-old ban on assault weapons did it again on Thursday, ruling that the state’s attempts to prohibit sales of semiautomatic guns violates the constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego conceded that powerful weapons like AR-15 rifles are commonly used by criminals, but said the guns are importantly also owned by people who obey the law and feel they need firearms to protect themselves.

“The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote. “Nevertheless, more than that is required to uphold a ban.”

The judge’s ruling is nearly identical to a 2021 decision in which he called California’s ban on assault weapons a “failed experiment.” Benitez has has repeatedly struck down multiple California firearms laws. Just last month, he ruled the state cannot ban gun owners from having detachable magazines that hold more than 10 rounds.

Benitez’s latest decision would overturn multiple state statutes related to assault weapons. The judge gave the state 10 days to seek a stay on the ruling as part of an appeal to the U.S. 9th Circuit Court of Appeals.

California Attorney General Rob Bonta said his office had already filed a notice of appeal.

“Weapons of war have no place on California’s streets,” Bonta said in a statement Thursday. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California.”

John Dillon, an attorney for the plaintiffs who sued to overturn the law, cheered the judge’s ruling.


McCarthy juggles a government shutdown and a Biden impeachment inquiry
Court News | 2023/09/12 09:54
House Speaker Kevin McCarthy is a man who stays in motion — enthusiastically greeting tourists at the Capitol, dashing overseas last week to the G7 summit of industrial world leaders, and raising funds back home to elect fellow Republicans to the House majority.

But beneath the whirlwind of activity is a stubborn standstill, an imbalance of power between the far-right Republicans who hoisted McCarthy to the speaker’s role yet threaten his own ability to lead the House.

It’s a political standoff that will be tested anew as the House returns this week from a long summer recess and McCarthy faces a collision course of difficult challenges — seeking to avoid a government shutdown, support Ukraine in the war and launch an impeachment inquiry into President Joe Biden.

“They’ve got some really heavy lifting ahead,” said the No. 2 Republican in the Senate, John Thune, of South Dakota.

McCarthy, of California, is going to “have his hands full trying to figure out how to navigate and execute,” he said.

Congress has been here before, as has McCarthy in his nearly two decades in office, but the stakes are ever higher, with Republicans powered by an increasingly hard-right faction that is refusing to allow business as usual in Washington.

With former President Donald Trump’s backing, McCarthy’s right-flank pushed him into the speaker’s office at the start of the year only after he agreed to a long list of conservative demands — including the ability to call a quick vote to “vacate the chair” and remove him from office.

That threat of an abrupt ouster hovers over McCarthy’s every move, especially now.

To start, Congress faces a deadline to fund the government by the end of the month, or risk a potentially devastating federal shutdown. There are just 11 working days for Congress to act once the House resumes Tuesday.

McCarthy and his team are pitching lawmakers on a stopgap funding bill, through Nov. 1, to keep the government running under a 30-day continuing resolution, or CR, according to a leadership aide granted anonymity to discuss the private talks.

But as McCarthy convenes lawmakers for a private huddle, even the temporary funding is expected to run into opposition from his right flank.

Facing a backlash from conservatives who want to slash government funding, McCarthy may be able to ease the way by turning to another hard-right priority, launching a Biden impeachment inquiry over the business dealings of the president’s son, Hunter Biden.


New Supreme Court Fellows Begin Term
Court News | 2023/09/06 11:20

Four new U.S. Supreme Court Fellows will begin their 2023-2024 fellowships in September.

Jose D. Vazquez joins the program from the U.S. Court of Appeals for the Eleventh Circuit, where he clerked for Judge Adalberto J. Jordan. He is assigned to the Administrative Office of the U.S. Courts, an agency within the judicial branch that provides a broad range of management and administrative support to the federal courts. Vazquez previously clerked for Judge Jacqueline Becerra, of the U.S. District Court for the Southern District of Florida.

Victoria K. Nickol is assigned to the Supreme Court’s Office of the Counselor to the Chief Justice. She has served as a law clerk for Judge Donald W. Molloy, of the U.S. District Court for the District of Montana, and as a law clerk for Judge Sidney R. Thomas, of the U.S. Court of Appeals for the Ninth Circuit.

Adam J. Kuegler joins the program from the U.S. District Court for the District of Connecticut, where he clerked for Judge Sarala V. Nagala. He is assigned to the Federal Judicial Center, which is the education and research agency for the federal courts.

Viviana I. Vasiu joins the program from the U.S. District Court for the Southern District of New York, where she clerked for Judge Gregory H. Woods. She is assigned to the U.S. Sentencing Commission, the agency responsible for establishing sentencing policies and practices for the federal courts. Vasiu previously clerked for Magistrate Judge Anthony E. Porcelli, of the U.S. District Court for the Middle District of Florida.

The Supreme Court Fellows Program, established by the late Chief Justice Warren E. Burger in 1973, provides participants the opportunity to gain a greater understanding of the federal Judiciary. Fellows work alongside top officials in the judicial branch on projects that further the goals of the Judiciary.

In the words of Chief Justice John G. Roberts, Jr., the program offers “a unique opportunity for exceptional individuals to contribute to the administration of justice at the national level.”

The fellows are selected by a commission composed of nine members selected by the Chief Justice. Additional background information on each of the 2023-2024 Supreme Court Fellows and the program’s history is available online.




Russian court imposes 3- to 6-year sentences for distributing tainted drinks
Court News | 2023/08/07 13:08
A Russian court on Monday sentenced seven defendants to as little as three years in prison for distributing methanol-tainted drinks that killed 44 people.

The court in Yekaterinburg, Russia’s fourth-largest city, convicted the seven of charges including sale of goods that do not meet safety requirements and result in the deaths of two or more people; sentences ran from three to six years.

Prosecutors said the seven had illegally sold alcohol since 2020 and that in 2021 they sold drinks containing excessive amounts of methanol, which is commonly used as a solvent. A total of 51 people were sickened by the drinks, of whom 44 died.


White House is taking on corporate mergers, landlord junk fees
Court News | 2023/07/20 11:41
The Biden administration on Wednesday proposed new guidelines for corporate mergers, took steps to disclose the junk fees charged by landlords and launched a crackdown on price-gouging in the food industry.

The announcements will be discussed as part of President Joe Biden’s scheduled meeting with the White House Competition Council, a group of officials established under a 2021 executive order.

The council has focused on creating more transparency for consumers and finding approaches to limit the concentration of industries in ways that the Biden administration says lead to higher prices and hurt the ability of start-ups and small businesses to grow. Republican lawmakers and some business group critics counter that the Democratic president’s effort will lead to greater regulatory costs that leave the economy worse off.

The Department of Justice and the Federal Trade Commission are proposing revised guidelines for how they evaluate mergers. Their goal is to provide more clarity on the impact mergers can have on workers and to update the guidance for a digital economy that is shaped by companies such as Apple, Amazon, Alphabet and Meta.

The government first issued its guidance on mergers in 1968. Officials stressed that the new guidance conforms to the laws set by Congress and the precedents of court rulings.

Republican lawmakers have accused FTC Chair Lina Khan of “harassing” Twitter since it was acquired by billionaire Elon Musk. They say her push to break up the concentration of corporate power amounts to government interference in business practices. Khan has said such interventions will enable more competition within the U.S. economy in ways that are positive for consumers, workers and new businesses.


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