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States brace for fight over gun laws after high court ruling
Attorney Press Release |
2022/06/24 15:56
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The Supreme Court’s decision overturning a gun-permitting law in New York has states with robust firearms restrictions scrambling to respond on two fronts — to figure out what concealed-carry measures they might be allowed to impose while also preparing to defend a wide range of other gun control policies.
The language in the court’s majority opinion heightened concern that other state laws, from setting an age limit on gun purchases to banning high-capacity ammunition magazines, may now be in jeopardy.
“The court has basically invited open season on our gun laws, and so I expect litigation across the board,” said New Jersey acting Attorney General Matt Platkin, a Democrat. “We’re going to defend our gun laws tooth-and-nail because these gun laws save lives.”
The court ruling issued Thursday specifically overturned a New York law that had been in place since 1913 and required that people applying for a concealed carry permit demonstrate a specific need to have a gun in public, such as showing an imminent threat to their safety. The court’s conservative majority said that violated the Second Amendment, which they interpreted as protecting people’s right to carry a gun for self-defense outside the home.
While the ruling does not address any other laws, the majority opinion opens the door for gun rights advocates to challenge them in the future, said Alex McCourt, the director of legal research for the Johns Hopkins Center for Gun Violence Solutions.
Pro-firearms groups in several states said they plan to do just that.
Attorney Chuck Michel, president of the California Rifle and Pistol Association, said the group is preparing to expand its legal challenges based on the high court changing the legal standard used to assess whether gun control laws are constitutional.
Courts must now consider only whether a gun control regulation is consistent with the Second Amendment’s actual text and its historical understanding, according to Thursday’s ruling. Before that, judges also could consider a state’s social justification for passing a gun control law.
Michel said the standard will affect three prominent California laws. Legal challenges to the state’s limits on assault weapons, its requirement for background checks for buying ammunition and its ban on online ammunition sales are pending before a federal appellate court.
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Wisconsin Supreme Court says COVID records can be released
Attorney Press Release |
2022/06/07 15:48
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A divided Wisconsin Supreme Court on Tuesday said the state health department can release data on coronavirus outbreak cases, information sought two years ago near the beginning of the pandemic.
The court ruled 4-3 against Wisconsin Manufacturers & Commerce, the state’s largest business lobbying group, which had wanted to block release of the records requested in June 2020 by the Milwaukee Journal Sentinel and other news outlets.
The state health department in the early months of the pandemic in 2020 had planned to release the names of more than 1,000 businesses with more than 25 employees where at least two workers have tested positive for COVID-19.
Wisconsin Manufacturers & Commerce, along with the Muskego Area Chamber of Commerce and the New Berlin Chamber of Commerce, sued to block the release of the records, saying it would “irreparably harm” the reputations of their members. It argued that the information being sought is derived from diagnostic test results and the records of contact tracers, and that such information constitutes private medical records that can’t be released without the consent of each individual.
Attorneys for the state argued that the information contained aggregate numbers only, not personal information, and could be released. A Waukesha County circuit judge sided with the business group and blocked release of the records. A state appeals court in 2021 reversed the lower court’s ruling and ordered the case dismissed, saying WMC failed to show a justifiable reason for concealing the records.
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German federal court mulls bid to remove antisemitic relic
Attorney Press Release |
2022/05/30 09:48
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A German federal court on Monday mulled a Jewish man’s bid to force the removal of a 700-year-old antisemitic statue from a church where Martin Luther once preached, and said it will deliver its verdict in the long-running dispute next month.
The “Judensau,” or “Jew pig,” sculpture on the Town Church in Wittenberg is one of more than 20 such relics from the Middle Ages that still adorn churches across Germany and elsewhere in Europe.
The case went to the Federal Court of Justice after lower courts ruled in 2019 and 2020 against plaintiff Michael Duellmann. He had argued that the sculpture was “a defamation of and insult to the Jewish people” that has “a terrible effect up to this day,” and has suggested moving it the nearby Luther House museum.
Placed on the church about four meters (13 feet) above ground level, the sculpture depicts people identifiable as Jews suckling the teats of a sow while a rabbi lifts the animal’s tail. In 1570, after the Protestant Reformation, an inscription referring to an anti-Jewish tract by Luther was added.
In 1988, a memorial was set into the ground below, referring to the persecution of Jews and the 6 million people who died during the Holocaust. In addition, a sign gives information about the sculpture in German and English.
In 2020, an appeals court in Naumburg ruled that “in its current context” the sculpture is not of “slanderous character” and didn’t violate the plaintiff’s rights. It said that, with the addition of the memorial and information sign, the statue was now “part of an ensemble which speaks for another objective” on the part of the parish.
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Georgian wants Congress to decry prosecution of abortions
Attorney Press Release |
2022/05/12 09:22
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A Georgia representative is proposing that Congress condemn attempts to criminally prosecute people who perform abortions, have abortions or experience miscarriages.
Rep. Nikema Willams, an Atlanta Democrat who formerly lobbied for Planned Parenthood in the southeast, is introducing her resolution Thursday, and has already collected 115 co-sponsors, all Democrats, her spokesman said.
The resolution also supports keeping contraceptives and abortion pills available, and using puberty blockers, hormones and other procedures when medically necessary to treat transgender people.
“Someone you know, someone in your family, or someone you love currently relies on or will need these services,” the congresswoman said in a statement.
The move comes after a Democratic effort in the U.S. Senate to enshrine abortion access into federal law fell far short of breaking a filibuster on Wednesday. Williams’ effort and the Senate debate follow a leaked draft U.S. Supreme Court opinion suggesting that justices will overturn the 50-year-old Roe v. Wade decision that created a nationwide right to abortion, leaving states to decide such questions.
The resolution would not have the force of law, but would help Democrats highlight what they see as Republican overreach. Some women have already been prosecuted for fetal harm due to alcohol and drug use during pregnancy. Louisiana lawmakers, despite opposition from anti-abortion groups who say it goes too far, are debating a bill that would make women who get abortions subject to prosecution for murder. And several states recently banned certain medical treatments for transgender youth. |
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Kansas AG asking judge to dismiss redistricting lawsuits
Attorney Press Release |
2022/03/09 10:20
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Attorney General Derek Schmidt is asking a Wyandotte County judge to dismiss two lawsuits filed over new Kansas congressional district lines enacted by Republican lawmakers.
Schmidt’s request Monday came three days after the Kansas Supreme Court refused to dismiss the lawsuits and another in Douglas County at the Republican attorney general’s request.
Democrats and the voting-rights group Loud Light argue that the congressional redistricting law enacted over Democratic Gov. Laura Kelly’s veto represents partisan and racial gerrymandering. They say it violates the Kansas Constitution. They’re suing Secretary of State Scott Schwab and county election officials because they would administer the new law.
The map makes it harder for the only Kansas Democrat in Congress, Rep. Sharice Davids, to get reelected in her Kansas City-area district.
Schmidt and fellow Republicans argue that the new map isn’t gerrymandering and even if it were, state courts have no power under the Kansas Constitution to rule on congressional districts.
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