Videos tagged with Kavanaugh Concurrence

This video analyzes a unanimous Supreme Court decision dismissing Mexico's lawsuit against the US gun industry, arguing the industry is not responsible for cartel violence. It also discusses Justice Kavanaugh's statement indicating the Court will likely hear an AR-15 ban case, suggesting an internal agreement to strike down such bans. The analysis connects these events to broader Second Amendment jurisprudence, particularly the 'common use' standard established in Heller.

This video provides an expert analysis of the Supreme Court's denial of certiorari in the case challenging Maryland's assault weapons ban. While the immediate outcome is a setback, the speaker highlights significant points from Justice Kavanaugh's concurrence and Justice Thomas's dissent, suggesting the AR-15 issue will be addressed by the Court in the near future, likely within the next term or two. The analysis emphasizes the 'common use' test established in Heller and its application to AR-15s.

The Department of Justice (DOJ) has filed a brief arguing that a non-violent felon, Brian Range, can still be disarmed under the Second Amendment, citing the Rahimi decision. The speaker contends the DOJ's arguments fail to distinguish between violence and non-violence, misinterpret the Rahimi holding's requirements for court findings of credible threats, and improperly apply historical legal precedents. The case is being considered by the Third Circuit Court of Appeals, with potential for further appeal to the Supreme Court.

The US v. Rahimi Supreme Court case addressed whether individuals subject to domestic violence restraining orders can be prohibited from possessing firearms under the Second Amendment. The court applied the 'history, text, and tradition' test established in Bruin, finding that historical analogues like 'surety' and 'affray' laws supported such restrictions. However, concurring opinions by Justices Gorsuch and Kavanaugh offered nuanced perspectives on the application of this test and the broader implications for constitutional law, particularly regarding balancing tests.