Videos tagged with 42 USC 1988

Mark W. Smith, host of The Four Boxes Diner and a US Supreme Court Bar member, provides an expert analysis of a recent SCOTUS ruling impacting Second Amendment lawsuits. The decision clarifies that attorney's fees under 42 USC 1988 are not awarded for preliminary injunction victories alone if the case becomes moot before a final judgment. This ruling affects how gun rights groups pursue legal challenges against anti-gun legislation.

This video explains the procedural limitations in holding politicians accountable for Second Amendment violations. It details why direct lawsuits for damages against legislators are generally not possible due to immunity and the 11th Amendment. The primary legal recourse discussed is seeking injunctive relief to stop the enforcement of unconstitutional laws, with attorney fees potentially recoverable under 42 USC 1988 for prevailing parties.