Videos tagged with Judge James Ho

This video provides an expert analysis of a significant Second Amendment victory in the US Court of Appeals for the Fifth Circuit. Mark W. Smith, a constitutional attorney, breaks down the ruling concerning federal felon-in-possession laws (18 USC 922(g)(1)), emphasizing the court's historical approach to rights and concerns about over-criminalization.

This video discusses a concurring opinion by Judge James Ho of the Fifth Circuit Court of Appeals in the case of United States v. Curley. Judge Ho's concurrence, issued while the US v. Rahimi case is pending before the Supreme Court, strongly defends his previous stance in Rahimi. He emphasizes that individuals accused of crimes, even those alleged to be dangerous, are entitled to robust due process, including the right to confront witnesses and a meaningful opportunity to present a defense. Judge Ho argues that disarming individuals based on civil protective orders, without the full procedural safeguards of a criminal trial, violates constitutional rights and cites historical precedent to support his position.

A federal appellate court has declared a major federal gun control law, 18 USC 922(g)(8), unconstitutional under the Second Amendment, citing the NYSRPA v. Bruen standard. The ruling, from the US Court of Appeals for the Fifth Circuit, specifically addresses the prohibition of firearm possession for individuals subject to civil restraining orders. This decision has significant implications for future cases and the interpretation of 'the people' in relation to constitutional rights.