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Supreme Court won’t put Illinois gun law on hold
Attorney Legal Opinions |
2023/05/18 08:52
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The Supreme Court said Wednesday that Illinois can, for now, keep in place a new law that bars the sale of certain semi-automatic guns and large-capacity magazines.
The high court denied an emergency request from people challenging the law, which bans so-called assault weapons. The law’s opponents had asked the court to put the law on hold while a court challenge continues. The court did not comment and no justice publicly dissented.
The high court’s action comes at a time when gun violence has been heavily in the news. Since the beginning of the year, 115 people have died in 22 mass killings — an average of one mass killing a week, according to a database maintained by The Associated Press and USA Today in a partnership with Northeastern University. The database counts killings involving four or more fatalities, not including the perpetrator. Just recently, on May 6, a man armed with an AR-15 style rifle and other firearms fatally shot eight people, including three children, at a Dallas-area mall.
The case before the Supreme Court involves an Illinois state law enacted in January. The legislation bans the sale of a series of guns including the AR-15 and AK-47. The law also bars the sale of magazines that have more than 15 rounds of ammunition for handguns and more than 10 rounds of ammunition for a long gun.
People who legally owned the now-barred guns and magazines ahead of the law’s enactment can continue to keep them. The guns, however, must be registered with law enforcement.
Nine other states and the District of Columbia have gun bans similar to the one in Illinois, according to the gun control group Brady, which tracks the legislation. California, Connecticut, Hawaii, New Jersey and New York also require registration of guns purchased prior to the law while four other states – Delaware, Maryland, Massachusetts and Washington -- do not.
The Illinois legislation was driven largely by the killing of seven people at a 4th of July parade last year in the Chicago suburb of Highland Park. The shooter was armed with an AR-15 rifle and 30-round magazines.
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Appeals court halts House interview with ex-Trump prosecutor
Attorney Legal Opinions |
2023/04/21 21:42
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A federal appeals court has temporarily blocked House Republicans from questioning a former Manhattan prosecutor about the criminal case against ex-President Donald Trump, the latest twist in a legal battle between Manhattan District Attorney Alvin Bragg’s office and the House Judiciary Committee.
The 2nd U.S. Circuit Court of Appeals issued an administrative stay late Wednesday, hours after a lower court judge ruled there was no legal basis to block the Judiciary Committee’s subpoena to former prosecutor Mark Pomerantz. Committee chair Rep. Jim Jordan, an Ohio Republican, had sought to question him Thursday.
In issuing the stay, Judge Beth Robinson noted that her order “reflects no judgment regarding the merits” of the case. A three-judge panel will ultimately weigh whether to uphold or overturn the lower-court’s decision. Robinson, a Biden appointee, set an aggressive briefing schedule, ordering Bragg’s office to file court papers detailing its appeal by Friday and for the Judiciary Committee to submit its response by Saturday.
Bragg’s office appealed to the 2nd Circuit hours after U.S. District Judge Mary Kay Vyskocil rejected his request for a temporary restraining order, ruling Wednesday that Jordan had a valid legislative purpose in issuing the subpoena.
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Democratic senators urge chief justice to probe Thomas trips
Attorney Legal Opinions |
2023/04/11 12:45
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Democrats on the Senate Judiciary Committee called on U.S. Supreme Court Chief Justice John Roberts on Monday to open an investigation into the undisclosed acceptance of luxury trips taken by Justice Clarence Thomas and his wife that were paid for by a Republican megadonor.
The letter said the committee plans to hold a hearing in coming days regarding the “need to restore confidence in the Supreme Court’s ethical standards.” And if the Supreme Court does not deal with the issue on its own, the committee will consider voting on legislation. Such a measure would also need support from the Republican-led House to become law.
“But you do not need to wait for Congress to act to undertake your own investigation into the reported conduct and to ensure that it cannot happen again,” the 11 Democratic senators wrote to Roberts. “We urge you to do so.”
The nonprofit investigative journalism organization ProPublica reported Thursday that Thomas, who has been a justice for more than 31 years, has for more than two decades accepted luxury trips from Republican donor Harlan Crow nearly every year.
Thomas, 74, and his wife, Virginia, have traveled on Crow’s yacht and private jet as well as stayed at his private resort in New York’s Adirondack Mountains, ProPublica reported. A 2019 trip to Indonesia the story detailed could have cost more than $500,000 had Thomas chartered the plane and yacht himself. |
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Alabama must disclose status of nitrogen hypoxia executions
Attorney Legal Opinions |
2022/09/14 13:37
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A federal judge told Alabama to stop being vague and give a firm answer by Thursday evening on if the prison system is ready to use the untested execution method of nitrogen hypoxia at an execution next week.
U.S. District Judge R. Austin Huffaker, Jr. gave the state the deadline to file an affidavit, or declaration, on whether the state could try to execute inmate Alan Miller by nitrogen hypoxia on Sept. 22 if the use of lethal injection is blocked. The order came after the state dangled the possibility during a Monday court hearing of being ready to become the first state to attempt an execution with nitrogen hypoxia.
Nitrogen hypoxia is a proposed execution method in which death would be caused by forcing the inmate to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions. It’s authorized as an execution method in three states — Alabama, Oklahoma and Mississippi — but has never been used.
The state provided “vague and imprecise statements regarding the readiness and intent to move forward with an execution on September 22, 2022, by nitrogen hypoxia,” Huffaker said.
The judge asked the state Monday whether it was ready to use the method at Miller’s execution. A state attorney replied that it was “very likely” it could use nitrogen hypoxia next week, but said the state prison commissioner has the final decision.
“On or before September 15, 2022 at 5:00 p.m. CDT, the defendants shall file an affidavit or declaration of Commissioner John Q. Hamm, Attorney General Steve Marshall, or other appropriate official with personal knowledge, definitively setting forth whether or not the Defendants can execute the Plaintiff by nitrogen hypoxia on September 22, 2022,” the judge wrote in a Tuesday order.
Miller is seeking to block his scheduled execution by lethal injection, claiming prison staff lost paperwork he returned in 2018 choosing nitrogen hypoxia as his execution method.
Miller testified Monday that he is scared of needles so he signed a form selecting nitrogen hypoxia as his execution method. He said he left the form in his cell door tray for an prison officer to pick up. The state said there is no evidence to corroborate his claim.
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Pa. man who attacked police on Jan. 6 gets 46-month sentence
Attorney Legal Opinions |
2022/08/29 12:07
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A Pennsylvania man was sentenced Friday to 46 months in federal prison for attacking a police officer with a Donald Trump flag during the Jan. 6, 2021, Capitol riot, The Philadelphia Inquirer reported.
The newspaper reported that Howard Richardson, 72, of King of Prussia, told the court in Washington “there’s no excuse” for his behavior and pleaded for mercy.
But U.S. District Judge Colleen Kollar-Kotelly responded, “Your presence and actions in joining other insurrectionists was an inexcusable attack on our democracy.”
Richardson’s sentence is one of the longest yet among those who have been prosecuted for storming the Capitol on Jan. 6 to disrupt the certification of President Joe Biden’s 2020 election victory. In addition to the nearly four-year prison sentence, Richardson was ordered to serve three years under court supervision after his release and to pay $2,000 in restitution.
Richardson never entered the Capitol, the Inquirer reported, but prosecutors said his attack on a Washington, D.C., police officer merited a lengthy prison term.
According to the paper, police body camera footage showed Richardson bludgeoning an officer outside the Capitol with a metal flagpole. NBC News reported that Richardson also joined a mob using a giant Trump billboard as a battering ram.
Approximately 850 people have been charged with federal crimes for their conduct on Jan. 6. Over 350 of them have pleaded guilty, mostly to misdemeanors, and over 230 have been sentenced. Dozens of Capitol riot defendants who pleaded guilty to misdemeanor offenses have been sentenced to terms of imprisonment ranging from seven days to five months.
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