Videos tagged with Federalist Society

This entry details the Supreme Court's methodology for Second Amendment cases, as explained by Professor J. Joel Alicea, a former clerk to Justice Samuel Alito. The 'Bruen' approach emphasizes a 'text first, history second' analysis, requiring a two-step process for evaluating firearms regulations. The content is derived from an academic presentation at the Federalist Society National Lawyers Convention.

This video explains how recent indictments related to an alleged illegal gambling ring involving NBA personnel can impact Second Amendment rights. It differentiates between 'malam in se' (inherently immoral) and 'malum prohibitum' (prohibited by law) crimes, arguing that activities like drug dealing and organized crime, due to their reliance on violence for contract enforcement, should be classified as physically violent dangerous crimes. This classification is crucial for determining who can be disarmed consistent with the Second Amendment, particularly in cases involving non-violent felonies.

David Thompson, involved in 60 Second Amendment cases, discusses how Bruen and Heller impact gun control litigation. He argues that firearms like the AR-15, being commonly possessed for lawful purposes like self-defense, target shooting, and hunting, cannot be banned according to Heller. Thompson criticizes lower courts for misinterpreting precedent by focusing on 'unprecedented lethality' rather than common possession and lawful use.

This video discusses the passing of former Solicitor General Ted Olson and highlights the critical role of the Solicitor General's office in shaping Supreme Court cases, particularly those impacting Second Amendment rights. It details Olson's significant legal career, including his involvement in Bush v. Gore and Citizens United, and emphasizes the influence of the Solicitor General in guiding the Supreme Court's docket.

This video features legal expert Paul Clement discussing two significant Second Amendment-adjacent Supreme Court cases: United States v. Rahimi and Garland v. Cargill. Clement, a former Solicitor General, analyzes how the Rahimi case, concerning domestic violence restraining orders and firearm possession, was decided based on historical tradition, and how the Cargill case addressed the ATF's authority to ban bump stocks via regulation rather than legislation. The discussion highlights the evolving landscape of Second Amendment litigation and administrative law.

This video announces a live teleconference on June 26th at 2 PM ET, where the speaker will discuss the significance of the United States v. Rahimi case on the Second Amendment and the Constitution. The event is open to the public and will last approximately one hour, including a Q&A session. It is described as a more formal setting for lawyers, law clerks, and professors.

This video features a deep dive into the original public meaning of the Second Amendment with constitutional lawyer Randy Barnett. Barnett explains his evolution to originalism, emphasizing the importance of the text's meaning at the time of enactment over framer's intent. He details the historical context of the Second Amendment, its relationship with the Fourteenth Amendment for incorporation against states, and critiques modern gun control measures and judicial interpretations.

This video provides an in-depth analysis of the United States v. Rahimi case before the Supreme Court, focusing on its implications for Second Amendment rights. The speaker, a constitutional attorney and member of the Supreme Court bar, explains the legal arguments concerning individuals subject to domestic violence restraining orders and their right to bear arms. Key discussions revolve around the Bruen methodology, the definition of 'the people' in the Second Amendment, and the concept of preventative justice versus criminal justice.

This video features Professor Mark Smith's speech on the Second Amendment at the Federalist Society's 2022 National Lawyers Convention. The content delves into legal and constitutional aspects of Second Amendment rights, with Professor Smith identified as a constitutional attorney, U.S. Supreme Court Bar member, professor, and author. His work is noted for influencing legal arguments, including being cited by a federal judge regarding "assault weapon" bans. The video also promotes understanding the "four boxes" of American liberty and emphasizes Bill of Rights news and analysis.

Mark Smith, a constitutional attorney and member of the U.S. Supreme Court bar, discusses his participation in a Second Amendment panel at the Federalist Society's National Lawyers Convention. He highlights the importance of the Federalist Society as a forum for legal debate, particularly concerning constitutional interpretation and the Second Amendment, contrasting it with what he perceives as a more left-leaning legal profession.

This video provides an expert-level analysis of the Supreme Court's decision in NYSRPA v. Bruen, explaining its implications for the Second Amendment and the right to carry firearms. Mark Smith, a constitutional attorney and Second Amendment scholar, details how the ruling struck down 'may issue' licensing schemes, affirmed 'shall issue' and 'permitless carry' regimes, and established a new standard of review based on text, history, and tradition. The discussion also covers the 'common use' test for protected arms and the concept of 'sensitive places'.

This video explores the intersection of the First Amendment's protection of speech with the Second Amendment's right to bear arms, specifically in the context of 3D-printable firearm files. Attorney Matthew Larose argues that the First Amendment protects even dangerous speech, as a right that doesn't protect the most extreme expressions is no right at all. He details how 3D printable files, often STL files, are essentially digital sculptures and argues they should be protected as expressive conduct. The discussion also touches on the historical context of homemade firearms, the limitations of firearm traceability, and the regulatory challenges posed by technologies like 3D printing.